STATE OF H.P. Vs. RAM MURTI

JUDGEMENT

(1.) In this appeal, filed under Section 378 of the Code of Criminal Procedure, 1973, State has assailed the impugned judgment of acquittal dated 01.02.2007, passed by the Judicial Magistrate 1st Class, Barsar, District Hamirpur, H.P., in case No. 90-1-2006/48-II-2006.

(2.) In short, it is the case of prosecution that on 5th April, 2006, Smt. Meena Devi (PW-1) had taken her daughter, Ms. Kumari Sheetal Sharma (complainant), for medical treatment to the Community Health Centre at Galore. At that time no doctor was present in the centre. The accused, who was working as a Pharmacist at the Centre, was called from his residence. Complainant was suffering from kidney problem and her urine had blocked.

(3.) She was taken to one of the rooms of the Health Centre where she was administered 5/6 pouches of I.V. fluid by the accused. At that time, PW-1 was present in the room. Other relatives, who accompanied PW-1, were waiting outside the room, in the corridor of the health centre. Another employee, Shri Shambhu Ram (PW-2) (wrongly referred to as Shankar Ram), who was working as Peon at the centre, was also present at that time. On the asking of accused, PW-1 went out of the room to drain out the pouch of urine in the toilet of the Health Centre. At that time, accused was alone in the room with the complainant. Just as PW-1 had covered a distance of about 15-20 feet, she heard cries of her daughter. Immediately she turned back and entered the room. There she saw the accused holding her daughter in his hands and kissing her. Seeing PW1, accused became perplexed and threw the patient on the bed. Thereafter, Peon Shri Shambhu Ram (PW- 2) and other relatives, including Smt. Reena Sharma (PW-5), Shri Desh Raj (PW-3) present in the corridor, entered the room. Patient was immediately taken away from the Health Centre, Galore, to District Hospital, Hamirpur, as she required urgent medical attention and treatment. Police was informed about the incident. SI-Fauja Singh (PW-8) reached Hamirpur and recorded the statement (Ex. PW-8/A) of the complainant, on the basis of which FIR No.67 of 2006 dated 06.04.2006 (Ex. PW-7/B) was registered at Police Station, Barsar under Section 354 of the Indian Penal Code.