SOUMYA GHOSH Vs. STATE

JUDGEMENT

(1.) This appeal arose out of judgment and order dated 30.4.2008 passed by the learned Additional Sessions Judge, 9th Court, Burdwan in Sessions trial case No. 4 of 2008 convicting the appellant for commission of offence under Section 304A IPC and sentencing him for a period of one year with the direction to pay fine.

(2.) In the background of this appeal the fact in a nutshell is that on 24.10.2002 one Adhir Kr. Banerjee lodged a written complaint before the O.C., Burdwan P.S. to the effect that his cousin Abhoy Banerjee had fallen down from Scooter on 17th October, 2002 as a result of which he had sustained fracture in his left hand elbow and was admitted to Burdwan Sadar Hospital. But when pain on his hand did not reduce even after setting his bones, the said Adhir Banerjee consulted an orthopaedic Dr. Soumya Ghosh after taking release from Burdwan Hospital. Dr. Soumya Ghosh had advised immediate operation apprehending big damage without wasting time. On 24.10.2002, Abhoy was taken in the O.T. at about 4.30 P.M. at Jibandeep Nursing Home, Burdwan and his rela- tives were waiting for completion of operation. When they enquired about the operation they were told that the operation was going on and they would be informed accordingly. But at about 8.30 P.M. they became suspicious and noticed that there was a good number of police personnel and in presence of those police personnel they were informed that the patient has expired at about 10.05 P.M. Dr. Soumya Ghosh was fully responsible for the death of Abhoy because he was of firm belief that due to negligence of Dr. Ghosh, Abhoy had expired. For suppressing the news of death of Abhoy the complainant has accused the said nursing home authorities.

(3.) On receipt of the complaint, the Police started investigation and after investigation Police submitted charge-sheet.