ANITA SAHU Vs. DHANNALAL AND OTHERS

JUDGEMENT

(1.) This petition under section 482 of the Cr.P.C. has been preferred on behalf of the applicant against the impugned order dated 25.7.2016 passed by the Special Judge (S.C. and S.T. (Prevention of Atrocities) Act, Hoshangabad, in Criminal Revision No.400071/2016, arising out of order dated 4.5.2016 passed by J.M.F.C. Hoshangabad, District Hoshangabad, in Criminal Case No.610/2016, whereby cognizance of the offence under sections 304-A of the I.P.C. read with section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') has been taken by the court below against the applicant and the offence has been registered.

(2.) In the present case, the admitted facts are that respondents no.1 and 2 are members of the Scheduled Tribe community. Respondent no.1 was married to one Smt.Somati Bai, younger sister of respondent no. At the relevant time the applicant was posted as Medical Officer in Community Health Center, Pipariya.

(3.) Facts of the case, in brief, are that in the month of September, 2011 wife of the respondent no.1 was pregnant and was being treated by the applicant. It is alleged that in the intervening night of 9-10th September, 2011, Smt.Somtibai suffered labour pain and, therefore, respondent no.1 and 2 along with other relatives took Smt.Somatibai to Govt. Hospital, Pipariya where staff nurse Smt.Kusum Pachori was present. After going through earlier prescriptions, the staff Nurse advised the complainant to call the applicant as the patient was being treated by the applicant. The applicant was not present in the hospital, therefore, the respondents went to the house of the applicant and requested the applicant to come to the Hospital. The applicant assured that the complainant may go back to the Hospital and she would follow them soon. However, till 2.30 AM the applicant did not reach the hospital. Thereafter, sister Pachouri informed the applicant that health of the patient is deteriorating; therefore, the applicant must come to the Hospital immediately. However, the applicant did not turn up till 4.30 AM. When the applicant was again informed about the critical health condition of the patient, the applicant suggested them that they should bring the patient at her private nursing home. The applicant deliberately did not come to the Hospital. At about 8.30 AM, the patient delivered a baby child. At about 9.30 AM, the applicant reached the hospital and started attending other patients. When complainant and other relatives requested the applicant to attend Smt.Somatibai, she insulted the complainant by their caste. Thereafter, she referred the patient to the Govt. Hospital. It was alleged that Smt.Somatibai died thereafter.