DR. TIKAM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition, the petitioner has prayed to the court that he is serving as doctor and it was during course of his performance of Government duties, the alleged operation was performed. The alleged act has thus been performed during the Government duty and therefore the petitioner is entitled to protection under Sec. 197 Crimial P.C.

(2.) An application in this regard was moved before the trial court. The trial court after considering the application has observed that operation was performed by the petitioner without taking consent of the parents of the deceased child. Therefore, this was an unauthorised act and as such no protection as claimed by the petitioner is available to him.

(3.) Learned counsel for the the petitioner urged that the deceased was examined by another doctor prior a day of the incident and thereafter opinion of the petitioner was sought. The petitioner after examining the documents belonging to patient fixed the next day for undertaking operation. Since patient was brought next day as instructed by the petitioner, therefore, it is a case of tacit consent by the parents of patient those who brought to him. In this background, it cannot be said that there was no consent of the parents of the patient. It has also been claimed by the petitioner that certain prescriptions written by the petitioner have also been given to the attendants of the deceased and the medicines were brought. All this shows that they were consenting party in the operation.