HARJINDER SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed under Section 397 read with Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') against the judgment dated 15.05.2012 passed by learned Additional Sessions Judge, Fatehgarh Sahib dismissing appeal against the judgment of conviction and quantum of sentence dated 25.08.2011 passed by learned Chief Judicial Magistrate, Fatehgarh Sahib in FIR No.38 dated 19.04.2003 under Sections 420, 418, 312, 313, 465, 468, 469, 471 and 120-B of Indian Penal Code (for short 'IPC') and Medical Termination of Pregnancy Act, 1971 and Medical Council of India Act, 1956, registered at Police Station Bassi Pathana vide which petitioners have been convicted for the offence under Section 15(2) of Indian Medical Council Act, 1956 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs.1,000/- each.

(2.) In brief, allegations against the petitioners-accused are that a complaint was received that both the petitioners, who are husband and wife, were doing allopathic medical practice without appropriate qualification for the same and without being registered under Punjab Medical Council Act and they are also conducting medical termination of pregnancy without having requisite qualification and without registration of the hospital under Medical Termination of Pregnancy Act. Inspection of their hospital i.e. Sunny Hospital was conducted by complainant Dr. Baldev Singh alongwith Dr. Aaswant Kaur, Medical Officer, Primary Health Centre, Nandpur Kalaur, Pritam Singh Class-IV official and Amrik Singh and it was found that there were some used syringes and unused injections from which it was clear that treatment was being provided in the hospital through allopathic medicines. Medical equipments and documents were taken into possession from the said hospital including a prescription slip. It was also found during investigation that petitioners had claimed to have registration from Ayurvedic and Unani Chikitsa Parishad, Patna (Bihar) and however on verification, it was found that though certificate of accused Harjinder Singh was genuine one, however certificate of accused Sharanjit Kaur was found to be forged one.

(3.) Petitioners faced trial before learned trial Court. However, learned trial Court came to the conclusion that the prosecution has failed to prove the certificates of petitioners-accused to be forged one and hence they were acquitted of the charge under Section 471 of IPC. They were convicted only for the offence under Section 15(2) of the Act primarily on the basis of statements of medical officers who conducted the search in the said hospital of accused and on the basis of prescription slip Ex.PW6/C and the registration certificates of petitioners Ex.PW6/A and Ex.PW6/B. The said judgment was upheld by the learned first Appellate Court.