POONAM BAWA & ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The matrix of the facts & material, which needs a necessary mention, for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that, Geeta, daughter of complainant Rupal son of Badlu Ram (for brevity "the complainant") was in an advance stage of pregnancy of eight months. On 19.4.2006, she had severe pain and her husband Rohtas took her for checking to the Nursing Home of Dr.Anju Dhankhar, where she started medical treatment by giving injection to her (Geeta). As a result thereof, she became unconscious. She was referred to private Nursing Home of petitioner No.1 Dr. Poonam Bawa at Bhiwani for further treatment.

(2.) The complainant claimed that Dr. Poonam Bawa projected that Geeta has to be immediately operated upon, otherwise, the lives of mother & child would be unsafe and in danger. Dr. Poonam Bawa demanded an amount of Rs. 15,000/- as operation fee. She assured/guaranteed that if they would deposit the operation fees, then, the lives of mother and child would be secured and saved, otherwise, their lives may be in danger. Under these compelling circumstances, an amount of Rs. 15000/- was deposited in the account of Dr. Poonam Bawa, where she along with her husband Dr. K.L.Bawa and Dr. O.P.Yadav (petitioner No.2) performed the operation of Geeta on 20.4.2006 and one male child was delivered by her. Thereafter, the child was admitted in the private Nursing Home of Dr. O.P.Yadav (petitioner No.2), who assured that the child will be kept for a period of one or two days in machine.

(3.) The case of the prosecution further proceeds that on 22.4.2006, Dr. O.P.Yadav (petitioner No.2) asked the complainant to take the child to PGI MS Rohtak, within one hour, otherwise the child would die. Thereafter, immediately Geeta and newly born son were removed to PGIMS Rohtak, where it was told by the doctor that since the delivery of Geeta was premature, so, the life of child could not be saved. He was admitted in the hospital, but he died on 23.4.2006.