DR. UMESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted under Sections 269, 313, 314 of the Indian Penal Code by judgment dated 6th of December, 2016 passed by the learned 9th Additional District and Sessions Judge, Saran at Chapra in connection with Sessions Trial No. 214 of 2016 (New 257 of 2016), arising out of Baniyapur P.S. Case No. 16 of 2015 and by order dated 14th of December, 2016, the appellant has been sentenced to undergo rigorous imprisonment for six months for the offence under Section 269 I.P.C and rigorous imprisonment for ten years each and fine of Rs. 5000/- each for the offences under Sections 313 and 314 I.P.C respectively.

(2.) The appellant owns and runs a hospital under the name and style of Biswas Seva Sadan from the house of Uday Rai (P.W. 1). The deceased/Gudiya Kumari had been admitted in the aforesaid Biswas Seva Sadan on complaint of pain in her stomach and later, according to the allegation, she died during the course of treatment. The appellant is stated to be competent only for offering first-aid to the patients and without there being any requisite qualification to undertake dilation and curettage (D and C) of a pregnant woman, he had resorted to such misadventure.

(3.) The case of the prosecution is based on the written report of Shrawan Mahto (P.W. 7) who has alleged that on 26.01.2015, he along with his family members had brought his daughter Gudiya Kumari to Biswas Seva Sadan for treatment as she was complaining of pain. He was made to understand that his daughter/deceased was pregnant for two months and it was because of that pregnancy that she was suffering from pain. P.W. 7 is then alleged to have been advised that his daughter would have to undergo a dilation and curettage (D and C) procedure for cleaning the womb. On refusal of P.W. 7 to get his daughter operated upon, the doctor of Biswas Seva Sadan insisted upon him that such operation was necessary for removing the pain of his daughter. Shortly after the D and C procedure, the daughter of the informant/P.W. 7 was brought out of the OT dead. While P.W. 7 and other family members were grieving on the death of the deceased, all the doctors of the hospital (Biswas Seva Sadan) managed to effect their escape. It was alleged that because of the negligence of the doctors of Biswas Seva Sadan, his daughter met her end.