MANAK CHAND RAMPURIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 897/401 read, with Section 482 of the Code of Criminal Procedure 1973 for quashing the proceeding in case No C/206/81 under Section 304A/114 of the Indian Penal Code pending before the learned Metropolitan Magistrate, 16th Court, Calcutta.

(2.) Pradeep Kr. Rampuria, the only son of opposite party No. 1 Shri Manak Chand Rampuria, who was suffering from tooth-ache was submitted into Bellevue Clinic on 15-5-77 for a minor operation. Some time after operation Pradeep unfortunately died due to cardiac arrest as a result of tracheal aspiration. On October 15, 1977 about 5 months after the occurrence, opposite party No. 1 Manak Chand filed a petition of complaint under Section 304A/114, Indian Penal Code against the petitioners alleging that on, May 15 1977 the petitioner caused the death of Pradeep Kr. Rampuria by rash and negligent act in the operation theatre of Bellevue Clinic and aided and abetted each other in the compensation of the said offence. The materials allegation may be stated as follows :-

(3.) On receipt of the said petition of complaint on October 15, learned Chief Metropolitan Magistrate directed the Deputy Commissioner, detective Department to take cognizance and. to investigate treating the said complaint as the First Information Report in Case No. C/2604 of 1977 under Section 56(3) of the Code of Criminal Procedure. During investigation police seized the documents relating to the treatment and death of Pradeep Kumar Rampuria and sent them to Dr. J. B. Mukherjee, Professor and Head of the Department of Forensic and State Medicine, Medical College, Calcutta for his opinion. Dr. J. B. Mukherjee opined that in the absence of autopsy examination there was no scope to contradict the opinion of the operating surgeon as on record to the effect that the patient died due to Cardiac Arrest following tracheal aspiration after surgical operation. It was further stated by the expert that "cases are on record where patients have died from cardiac arrest from tracheal aspiration after surgical operation. As per typed copy of the report adequate medical measures were taken towards the revival of the patient which as the report shows came of no avail."