GURNAIB SINGH Vs. STATE OF U.T.

JUDGEMENT

(1.) The present criminal appeal has been preferred by the appellant, namely, Gurnaib Singh, challenging the judgment and order dated 7.3.2002, passed by Additional Sessions Judge, Chandigarh (hereinafter as 'trial Court') convicting the accused (herein appellant) for committing offence under Section 15(3) of the Indian Medical Council Act, 1956 (in short 'the Act'), and sentencing him to undergo rigorous imprisonment for a period of nine months.

(2.) The prosecution story, in brief, is that on 28.5.1998, one Geeta Devi w/o Ram Sunder, resident of Jhuggi No. 636, Labour Colony, Sector 31, Chandigarh, made her statement to the police whereupon FIR No. 56 dated 28.5.1999 under Section 304A, 467, 468, 471 IPC was registered at Police Station, Sector 31, Chandigarh. It was stated in her statement that she resided at the above address with her family. Her daughter, named, Shakuntla, aged 16 years had been suffering from fever for the last one month and could not regain health from her ailment. On 25.5.1998 at about 5.00 pm, she took her daughter- Shakuntla to Dr. Gurnaib Singh-accused at Labour Colony, Sector 31, Chandigarh and he gave injection and tablets to her. He also gave tablets to her on 26.5.1998. On 27.5.1998 at about 5.30 pm, the accused again gave an injection and tablets to Shakuntla and thereafter, she was taken to home by Geeta Devi- complainant. The condition of Shakuntla deteriorated on the way to home so she (Shakuntla) was made to sit on one side of the road by the complainant who then went to the accused to inform him about her deteriorating health condition. The accused-appellant asked the complainant to take her daughter back at home but her daughter's condition further deteriorated at home. Thereafter, the sister-in-law of the complainant-Dev Rani brought the accused at home who gave an injection to Shakuntla but the condition of Shakuntla further deteriorated. She was then taken to Government Medical College and Hospital, Sector 32, Chandigarh, for treatment where she died at 12.50 A.M. (during night). It was further alleged that the accused was a quack and he has caused the death of Shakuntla by administering her injection and tablets, due to his negligence.

(3.) The investigation of the case was commenced by SI-Bhajan Singh, who went to the spot and took the medicines into possession from the possession of the accused vide recovery memo dated 28.5.1998. He also took into possession Licence No. 101653 dated 14.7.1992 issued by the Bihar State Ayurvedic and Yunani Medicine Council, Bihar, along with receipt No. 19812 dated 26.6.1992, vide separte recovery memo. He also took into possession the Sign Board of Vaidwan Davakhana Vaid G S Vaidwan, RMP and identity letter No. CH/01/000/284/ 0849513 of Electoral Registration Officer, Chandigarh vide separate recovery memo(es). Rough site-plan of the place of occurrence was also prepared by him. On his application made to the Director, Health Services, one Drug Inspector, named Jasbir Singh, was deputed who took samples of enteromycetin injection and nandralone phenyl, under the rules, which were kept under seal having impression 'JS' and the same were subsequently sent to the Laboratory, Sector 11, Chandigarh, for their analysis. He also visited the clinic of the accused located in Labour Colony, Sector 31, Chandigarh and took samples of Diclox and Oxydeteracyline injections under the rules, by sealing them at the spot. The certificates of the accused issued by Bihar State Ayurvedic and Yunani Medicine Council, Bihar, Patna were also taken into police possession. Allopathic medicines were taken into police possession, their samples were sent to the Laboratory, Sector 11, Chandigarh. The signatures of the accused were obtained on the requisite documents. Photographs of the medical shop of accused were also got prepared on the spot by the I.O. through a photographer and medical report was obtained from Dr.Mandeep Singh, Medical Officer, during the course of investigation. SI Bhajan Singh further prepared inquest report on the dead body of Shakuntla and got the post morten examination done on the dead body of the deceased to ascertain the real cause of her death. Reports of the Department of Pathology, Government Medical College and Hospital, Sector 32, Chandigarh, and the Chemical Examiner regarding analysis of the sealed parcels, the reports of Government Analyst, Punjab and Chandigarh regarding examination of the samples of drugs were also taken into possession by the I.O. On completion of the investigation, the challan was presented against the accused in the Court of Illaqa Magistrate, Chandigarh, who committed the case to the learned Court of Sessions, Chandigarh. Charges under Section 304 IPC, were framed against the accused to which, he pleaded not guilty and claimed trial.