STATE OF H P Vs. RAVINDER DATYAL

JUDGEMENT

(1.) The respondent-medical doctor was tried and acquitted for the offences punishable under Sections 337 and 304-A of the Indian Penal Code, which has been challenged in this appeal by the State.

(2.) In short, the facts of the case can be stated thus.

(3.) Shri Shakti Chand Bhardwaj (deceased) was the Assistant Engineer in I and P. H. Department posted at Nichar. In the last week of July, 1997, he happened to visit his family in Housing Board Colony at Rakkar (Una), H. P. On 29th July, 1997, after taking dinner, he slept with his family in one of the rooms of his residence and his other two brothers, namely Kamlesh Kumar (PW-3) and Sudesh Kumar were sleeping in another room. During the intervening night of 29/30th July, 1997 at about around midnight Shri Shakti Chand complained of insect bite on his arm having three injuries, to his wife but there was neither any swelling nor bleeding. However, his, other family members woke-up and as a matter of precaution, he was taken around 2 a.m. to the District Hospital, Una. The respondent doctor was on duty. He clinically found the case of insect bite on the fore arm and after giving injections of Avil and Decadron, Shakti Chand injured was kept under observation.