ACHIT DEBNATH Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) AND ORDER (Oral) - This appeal is preferred against the judgment and order dated 26-12-2007, passed by the learned Additional Sessions Judge, Fast Track Court, Sonitpur, Tezpur, in Sessions Case No. 58 of 2005, convicting the accused/appellant, under Section 304 Part-II of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for 3 years and also to pay a fine of Rs. 25,000/-, in default, further simple imprisonment for a period of 6 months.

(2.) I have heard Mr. G. Baishya, learned counsel appearing on behalf of accused-appellant and Mr. NJ Dutta, learned Additional Public Prosecutor, Assam, for respondent.

(3.) The facts giving rise to the prosecution case is that the deceased Lakhimoni Patar was in advance stage of pregnancy. Her husband, Abhilal Patar, examined as PW3, called the accused-appellant, who was a Pharmacist and used to treat patients with gynaecological problem, for treatment of his wife. The accused-appellant visited the house of the informant and advised him to take his wife to his chamber. The informant brought his wife to the chamber of the accused-appellant. She was admitted there on 19-07-2003. Due to failure to provide adequate medical treatment, she died on 20-07-2003 there.