SAMRAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a criminal revision filed by Samran Singh and his wife Doctor Manvinder Kaur and it has been directed against the order dated 20-11-1996 passed by the Additional Sessions Judge, Sirsa who framed charges against the petitioners under Sections 304. Part II, 315, 468, 465, 471, 201 and 120-B of the Indian Penal Code.

(2.) The brief facts of the case are that Smt. Parveen daughter of Raunak Ram was married to Parmod Grover resident of Adampur. Out of the wedlock two issues were born - first in the year 1987 and the second in 1990. Smt. Parveen Grover conceived for the third time and due date for the delivery as per the doctor was April, 1994, Parveen Grover had undergone antenatal check up at C.M.C. Hospital, Hisar and thereafter she got herself checked up from Dr. Manvinder Kaur in Gulati Nursing Home, Dabwali. As per both the checkups, deceased Parveen Grover was expected to have a normal delivery without any problem. On 24-4-1994 at about 7.30 AM. She felt normal labour pains and was taken to Gulati Nursing Home at about 8.00 AM, where she was admitted at 8.30 AM, as per the bed head ticket and on examination P/V Cervix was found dilated admitting two fingers and membranes were bulging out. Foetal heart sound was also found to be positive. On examination P IV at 9.30 A.M. cervix was found dilated admitting three fingers. At 10.00 AM. Lady Doctor checked up Parveen Grover and assured her of normal delivery. However, at about 11.30 AM. child passed meconium, therefore the Lady Doctor Manvinder Kaur informed the relations of Parveen Grover that passing of meconium indicated foetal distress and suggested for immediate surgical operation. As per allegations of the complainant and the complaint, the relatives had wished to take the lady to Bathinda in case the delivery was not normal but the lady doctor stated that if Parveen Grover was removed to Bathinda there was danger to her life. She obtained consent of Banwari Lal the brother of Parveen Grover for the caesarean operation and asked them to arrange for one unit of blood which was arranged by the relatives of the deceased.

(3.) As per the record, the patient was given spinal anaesthesia by Doctor S.S. Gulati and Smt. Parveen immediately went into shock alongwith large vomitting. Her blood pressure at that time was very low and had dropped to 60 mm of Hg. at 12.35 hours and even after treatment it remained 60 mm of Hg. The doctors gave 1.3 cc of xylocaine injection. She was given various other transfusions and injections mentioned in the bed head ticket and the patient was taken out of the operation theatre and shifted to Room No.7. Thereafter private practitioners expert in medicines and surgery were called. At 3.00 P.M. the doctor couple advised the relatives that the patient be shifted to Bathinda. The attendants arranged for the ambulance. However, while she was being shifted, the patient collapsed and died at about 3.30 P.M. After the death, the dead-body was handed over to the relatives and post mortem was not got conducted by the doctor couple nor the police authorities were informed about the death of Parveen Grover.