MUNSHI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Munshi Ram and Dr.Gopal Krishan appellants herein were tried by the Additional Sessions Judge, Shimla in Sessions trial No.48 -S/7 of 1995 for the offence under Section 314 read with Section 34 of the Indian Penal Code. The learned Additional Sessions Judge by judgment and order dated 10.8.1998 convicted both the appellants of the charges levelled against them and sentenced them to undergo rigorous imprisonment for two years and to pay fine of Rs. 500/ - and in default of payment of fine to suffer two months rigorous imprisonment.

(2.) The appellants have filed two separate appeals challenging their conviction and sentence. Both these appeals are heard together and being disposed of by this common judgment.

(3.) The case of the prosecution was that PW -7 Roshan Singh made statement dated 27.11.1992 Ext. PW -7/A under Section 154 Cr.P.C. to the Station House Officer, Police Station, Rohru alleging inter alia that on 26.11.1992 at about 3.30 P.M. he came to know that his niece Ms.Usha Devi was lying in unconscious condition in a private clinic, Chirgaon District Shimla. He immediately rushed to Chirgaon and reached there at about 4 P.M. On inquiry made by him he came to know that Ms.Usha Devi was brought to the private clinic of appellant -Gopal Krishan Malik a Registered Medical Practitioner (for short R.M.P.) by co -accused Munshi Ram for miscarriage of pregnancy, but both the appellants had taken her to Civil Hospital, Sandasu in a taxi bearing Registration No. HP -02 -1418 owned by PW -10 Chaman Lal. Thereafter he went to Civil Hospital, Sandasu, where he found his niece dead in a room. He inquired from appellant Dr. Gopal Krishan about the cause of death of his niece who told him that deceased Ms.Usha Devi was brought to his clinic by appellant Munshi Ram for medical check -up. He had given injection to Ms. Usha Devi, whose condition became serious. On seeing her serious condition, she was removed by them to Civil Hospital Sandasu where she was declared dead by the Medical Officer on duty. The complainant thus reported to the police that Ms. Usha Devi died because of negligence of Dr. Gopal Krishan as the injection administered by him resulted in reaction which had led to her death. On the basis of the said report, formal First Information Report Ext. PW -7/B was registered by PW -13 Santokh Singh, S.H.O. initially under Section 304 I.P.C. PW -13 rushed to the clinic of Dr. Gopal Krishan. He took into possession the needles used for administering the injection to the deceased; empty container of decadrone Injection; syringe and one Frypan used for boiling the syringe and needles vide seizure memo PW -9/B In the presence of PW -9 Jagdish Chand. He prepared sketch map Ext.PW -13/A of the clinic of appellant Gopal Krishan showing a room where the deceased was given injection by him. He also prepared site plan Ext. PW.13/A and inquest report Ext.PW -11/B. On 30.11.1992 he took into possession documents Exts.PW -3/A, PW -3/B, PW -3/C and PW -3/D in regard to the qualification of appellant Gopal Krishan as a registered medical practitioner; renewal of certificate of registration and a copy of ration card issued by the Panchayat. He recorded the statements of the witnesses and arrested the appellants. The dead body of deceased Ms. Usha Devi was sent to Civil Hospital, Rohroo for post mortem. PW -11 Dr. Subhash Chand on 27.11.1992 at about 9 P.M. conducted the post mortem on the dead body Ext. PW -11 /A. As per post mortem Ext. PW -11 /A. Dr. Subhash Chand opined that the cause of the death of Ms.Usha Devi was haemorrhagic shock from cervix as the deceased was carrying the pregnancy of 24 weeks. Final opinion was given by Dr. Subhash Chand after examining the report Ext. PA of the Chemical Analyzer. During the investigation, it transpired that Ms. Usha Devi was having illicit relation with appellant -Munshi Ram. She conceived a child from his loin. When appellant -Munshi Ram came to know about the pregnancy he had taken the deceased on 26.11.1992 to the clinic of appellant Gopal Krishan at Chirgaon. Appellant Gopal Krishan in furtherence of comnon intention of appellant -Munshi Ram administered the injection to the deceased to cause miscarriage. On completion of the investigation, police report under Section 173 Cr.P.C. was prepared and filed in the Court by PW -10 Tarsem Lai, Station House Officer, Rohroo.