SANAT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Dr. Sanat Kumar has been found guilty for an offence punishable under Section 304 IPC and sentenced to undergo RI for seven years as well as to pay fine appertaining to Rs. 25,000/- in default thereof, to undergo SI for three months, under Section 420 IPC and sentenced to undergo RI for three years as well as to pay fine of Rs. 10,000/- in default thereof, to undergo SI for one month, additionally with a further direction to run the sentences concurrently, vide judgment of conviction dated 08.05.2017 and order of sentence dated 09.05.2017 passed by 8th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 417/2011.

(2.) Prosecution case, in brief, as is evident from Fardbeyan of Nagina Pandit (PW 2) recorded on 25.04.2010 at about 6:10 PM at the clinic of Dr. Sanat Kumar named as styled as 'Sewa Sadan' situated at village- Mornifas in front of the dead body of his son, Jitendra Pandit, divulging the fact that his son, Jitendra was suffering from hydrocil disease and accordingly, they both visited the clinic of Dr. Sanat who assured that he will get the hydrocil operated upon and for that, also disclosed fee of operation and also directed that the cost of medicines will be borne additionally by him on a disclosure that he got the relevant degree. Accordingly, he paid Rs. 1300/- as operation fee and also borne cost of medicines. Dr. Sanat Kumar performed hydrocil operation. In the evening, he directed to take away Jitendra to his house and during course of stay at his house, his condition deteriorated. On being informed, Dr. Sanat Kumar instructed to bring at his clinic. He began to administer medicine, even then, condition did not improve. Even at his request, he had not permitted to take the patient away for specialised treatment. At last, when the condition of patient became critical, then only, he allowed. Thereafter, he lifted his son on a tempo for SKMCH but during midst of way at Athgarha Ghat, Jitendra succumbed. Then dead body was taken back to the clinic of Dr. Sanat where police came, recorded his Fardbeyan, prepared inquest report, searched the clinic, seized articles having kept therein and for that, seizure list has been prepared.

(3.) After registration of Mainyari PS Case No. 58/2010, investigation commenced and concluded by way of submission of charge-sheet facilitating the trial meeting with ultimate result, subject matter of the instant appeal.