STATE OF M P Vs. RAMLAKHAN SINGH

JUDGEMENT

(1.) ALL these three petitions are arising out of one common order, hence as agreed to by all the parties, they have been heard together and are being disposed of by this common order.

(2.) THE facts of the case of prosecution, as per the FIR are, that during intervening night of 5th and 6th August 2001 at about 01. 00 a. m. , Ramlal Kaul, cjm Vidisha (hereinafter referred as. the deceased) was admitted in District hospital Vidisha. He was feeling severe pain in his chest. He was attended by his son Ravindfa Kaul and Priyadarshan Sharma, JMFC. Accused Dr. Ramlakhan singh was on duty, who attended the deceased. During treatment he put oxygen mask on the face of the deceased. Immediately after putting the mask, deceased started feeling restlessness, which was reported by Ravindra Kaul to the doctor, on which Dr. Ramlakhan Singh checked the gas cylinder and found the same as empty. Immediately he removed the mask from the face. During that time, another doctor Bansal came and after examining the deceased declared him as dead. During treatment this accused Drramlakhan Singh sent calls to call Medical specialist Dr. Bagrecha. When he could not available, he sent further calls to accused Dr. R. S. Sharma and Dr. M. S. Rajput. It was reported from the house of dr. Radheshyam Sharma that he is out of station. Despite efforts, Dr. Mangal Singh rajput also could not be available and thus these two doctors did not reach the hospital for the treatment of the deceased. Upon reporting the matter, Crime No. 414/ 01 was registered at Police Station Kotwali Vidisha for the offence punishable under Section 304-A IPC against Dr,ramlakhan Singh alongwith one more, whose name was not mentioned in FIR. After completing the investigation, the charge sheet was filed against Dr. Ramlakhan Singh, Dr. Mangal Singh Rajput and dr. Radheshyam Sharma for the offence punishable under Section 304-A of IPC.

(3.) VIDE order dated 14th December 2006, J. M. F. C. Vidisha in Criminal Case no. 949/06, has framed charge under Section 193 and 304-A of IPC against accused ramlakhan Singh and Mangal Singh Rajput and under Section 304-A of IPC against accused Radheshyam Sharma. Feeling aggrieved, three Criminal Revisions bearing cr. Re. No. 70/07, Cr. R. No. 71/07 and Cr. R. No. 72/07 were filed by all these three accused persons, which have been disposed of vide one impugned order dated 12th March 2008 passed by First Additional Sessions Judge Vidisha. Vide impugned order, the charge framed against accused Ramlakhan Singh has been affirmed. Revision filed by accused Radheshyam Sharma has been allowed and he has been discharged from charge under Section 304-A of IPC. Accused Mangal Singh rajput has been discharged under Section 304-A of IPC, however, his charge under Section 193 IPC has been affirmed.