KESHAVDATT SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. against the order dated 31.07.2002 passed by the Judicial Magistrate, Todabheem taking cognizance against the accused-petitioner under Section 304-A IPC and that of the order dated 09.04.2003 passed by the learned Addl. Sessions Judge, Hindaun City in Revision Petition No.51/2002 whereby the revision petition filed by the petitioner was dismissed.

(2.) In brief, the prosecution case is that on 30.04.2002 an FIR was lodged at about 1.30 AM in the Police Station Todabheem by Ganga Sahai Bairwa alleging therein that in the evening of 29.04.2002 at about 8.00 PM his brother Brij Mohan felt chest pain, therefore, Chotelal was asked to call the Compounder Keshavdatt Sharma who is accused-petitioner in this petition. The accused-petitioner came there and gave some medicine through injection to Brij Mohan (since deceased) as a result of which deceased started vomitting and his condition deteriorated and was advised by the Compounder to take him to the hospital immediately. It is also the case of the prosecution that in Government Hospital (Primary Health Centre) Todabheem the deceased was seen by doctors and again he was administered some injection by one Compounder namely; Mr. Anant Kumar Pareek and soon thereafter it was informed that Brij Mohan had expired. It is also the case of the prosecution that on account of giving injection to the deceased by the accused-petitioner, the deceased vomitted and subsequently died. It was also alleged that the deceased had died on account of the negligence of the accused-petitioner.

(3.) On the basis of above written report, FIR No.165/2002 was registered at the Police Station Todabheem under Section 304A IPC and investigation commenced.