DEVENDRA KUMAR SINHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision application is calling in question the order dated 23.1.2017 passed by First Additional Sessions Judge, Ashoknagar in Sessions Trial No.14/2017, whereby the charge for commission of offence punishable under Section 304 of IPC has been framed against the applicant.

(2.) Brief facts of the case are that on 3.10.2016 complainant Krishnabai lodged a report that on 3.10.2016 she took her daughter Rishika to applicant Devendra Kumar Sinha for treatment, who was complaining cold and cough. The applicant administered two injections to Rishika and after sometime, daughter Rishika died. On this information, merg No.47/2016 under Section 174 of CrPC was registered and after due enquiry police registered an FIR bearing Crime No.401/2016 at Police Station Ishagarh district Ashoknagar agaisnt the applicant for the offence punishable under Section 304 of IPC, who committed the case to the Sessions Court for trial.

(3.) The trial Court on the material brought on record framed the charge against the present applicant on the basis that without having registration as Medical Practitioner the applicant treated Rishika and the death has caused out of conduct of the applicant, who had complete knowledge that his act is likely to cause death of deceased Rishika. Accordingly, charge under Section 304 IPC has been framed, which is the subject matter of challenge before this Court.