GH NABI BHAT Vs. STATE

JUDGEMENT

(1.) This appeal challenges the orders of conviction and sentence dated 17th and 19th of July, 2008, whereby Appellant came to be convicted for the commission of offences punishable under Section 304-A of Ranbir Penal Code, hereinafter for short as RPC, and sentenced to three years rigorous imprisonment with a fine of Rs. 5,000/-, hereinafter for short as impugned orders, on the grounds taken therein.

(2.) Police Station Chadoora is alleged to be in receipt of a written report filed by Gul Mir PW No. 1, alleging therein, that his wife Mst. Rehti, deceased had some uterus ailment and was under treatment. It was advised by the Appellant-accused that surgery is required to be conducted and for which he demanded and accepted Rs. 4,000/- from PW No. 1. On receiving the amount, took her to the Government Sub Divisional Hospital, Chadoora, hereinafter for short as SDH Chadoora. The electricity went off when the surgery was underway and accused-Appellant performed the surgery under candlelight.

(3.) After sometime Mst. Rehti complained merciless pain and on noticing the condition of the patient, the Appellant-doctor boarded her in an ambulance for carrying her to Sher-i-Kashmir Institute of Medical Sciences, Soura, Srinagar, but she died enroute.