KAMAL GURVANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against the order dt. 7. 9. 2001 passed by the learned Judicial Magistrate, Ist class, Sujangarh by which contents for offence u/sec. 304a I. P. C. were read over to the accused petitioner.

(2.) IT arises in the following circumstances: i) On 16. 2. 99, one Shrawan Kumar lodged a written report with the Police Station Sujangarh stating that her sister Luni (hereinafter referred to as the deceased) developed labour pain in Gantiya Ke Rahi Ki Dhani and thereafter she was brought to Government Hospital, Bidasar at 10 a. m. and where she was admitted as indoor patient and where attending doctor advised that the patient should be shifted to Sujangarh and thereafter the deceased was brought by Shrawan Kumar to Sujangarh at the residence of the accused petitioner who was posted as Junior Specialist, Government Hospital, Sujangarh and child was delivered to the deceased at 5 p. m. but later on the condition of the deceased become serious one as as per the advice, she was shifted to Rathi Hospital at about 5. 30 p. m. and body of the child was left at the house and at about 6. 30 p. m. the deceased died. Thus, the case of the complainant is that due to negligence of the accused petitioner both the child as well as her sister died.

(3.) IT may be stated here that against the order dated 7. 9. 2001, the learned counsel for the accused petitioner has filed a separate petition under Sec. 482 Cr. P. C. and the same is pending in this Court and the impugned order dated 7. 9. 2001 by which the learned Magistrate rejected the application of accused petitioner filed under Sec. 197 Cr. P. C. is not under challenge before me in this revision petition.