STATE OF PUNJAB Vs. SANGITA SHARMA

JUDGEMENT

(1.) Impugned in the present petition is the order dated 5.12.2012 passed by learned Additional Sessions Judge, Sangrur vide which the order dated 21.11.2011 passed by Sub Divisional Judicial Magistrate, Sunam, framing the charge against the respondent Dr. Sangita Sharma under Section 304-A IPC, was set aside.

(2.) The short facts which are required to be noticed by this Court are that as per the prosecution case, on 25.3.2009, one Rimpy Rani was brought to Vishwas Hospital, Jakhal Road, Sunam at around 2.30 A.M. Dr. Sangita Sharma treated her. Rimpy Rani died in the said hospital at about 3.10 p.m. on the same day after a gap of 12 hours. It was later on found that the said Rimpy Rani had consumed organo phosphorous compound.

(3.) The allegations are that a Board of Doctors consisting of three doctors formed by the Civil Surgeon, found that Dr. Sangita Sharma did not refer the patient to the higher institution and informed the police late, therefore, she was negligent in not saving the life of said Rimpy Rani.