SANJEEV Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure (for short the 'Code') has been filed for getting the prosecution for the offence punishable under Section 304 -A of the IPC quashed. The facts leading to the filing of this petition are not in serious dispute and may be summarized as under:

(2.) LEARNED Counsel for the Petitioner while placing reliance on the decision of the Apex Court in Suresh Gupta (Dr.) v. Govt. of NCT of Delhi and Anr. : (2004) 6 SCC 422, has strenuously contended that there is no legal evidence to show that he was, in any way, criminally negligent in diagnosis or treatment of Yogesh. On the other hand, learned Sr. Counsel for the complainant submitted that the Petitioner was apparently guilty of culpable medical negligence resulting into death of Yogesh in view of the following facts:

(3.) TO substantiate the arguments focused at the medical negligence, attention has also been invited to the decision rendered by a single Bench of this Court in State of M.P. v. Bharati Patidar, 1995 (II) MPJR 347. In his statement under Section 161 of the Code, Dr. Ashok Nayak, the consulting Physician of Mahajan Family, has clearly admitted that upon his advice only, Yogesh was brought to Petitioner's hospital in a Maruti Van. According to him - he also rendered necessary assistance to the Petitioner who had given necessary emergency treatment to Yogesh after taking ECG and recording Blood Pressure. He has categorically stated that, at any point of time, no symptom of anoxia necessitating arrangement for providing extra oxygen to regulate breathing was noticed. As per his. version, all other patients were asked to leave and remain outside during treatment of Yogesh, who was shifted to CM Hospital in a stable condition with his consent only solely due to Petitioner's proposed departure for Mumbai after a few hours. The other medical expert Dr. G.C. Dubey who had the occasion to evaluate the conduct and competence of the Petitioner has also opined that the treatment given to Yogesh was appropriate. According to him. Yogesh had suffered a massive heart attack and therefore, ascertainment of his chance of survival was possible only after 48 hours. Thus, Dr. G.C. Dubey, has also not found the Petitioner guilty of medical negligence.