SARITA UPNEJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IN an unfortunate incident happened on 19-1-2001 in Shakuntala Nursing Home, sri Ganganagar, Smt. Maju Devi died after giving birth to a girl child on 15-1-2001. A fir was lodged on the same day, 19-1-2001 by one Nanak Chand Singhal s/o Durga prasad Agarwal, a relative of deceased-Manju Devi. The case was registered and thereafter, post-mortem was also conducted and the post-mortem report dated 19-1-2001 was obtained by the prosecution. The post-mortem says as under :-

(3.) A medical board was also constituted who gave its interim report on 23-1-2001. The statement of various witnesses were recorded under S. 161, Cr. P. C. wherein the statements of Dr. K. L. Gupta and Dr. Indra pal Singh Poonia who signed the report dated 23-1-2001 were also recorded. In addition to above statements of two doctors, the statement of Dr. Kailash, Jr. Specialist (Medicine), govt. Hospital, Sri Ganganagar; Dr. Ram patap Poonia, CMHO, Hanumangarh; Dr. B. R. Kataria, Jr. Specialist (Gynae), Govt. Hospital, Sri Ganganagar; Dr. Ashok Gupta of one Mahaveer Nursing Home, raisinghnagar, relative of deceased and Dr. Ashok Garg, MD (Medicine) were also recorded. After investigation, a challan was submitted in the Court and cognizance was taken by the Court vide order dated 22-3-2001 after registering the Criminal Case No. 141/2001 under S. 304, Part II, I. P. C. and the case was committed to the Court of Session Judge by order dated 30-3-2001. Learned Additional Sessions Judge, Sri ganganagar vide order dated 18-10-2002 held that no case under S. 304, Part II, I. P. C. is made out and it is a case under S. 304-A, i. P. C. only and since it is triable by the Magistrate, therefor the same was sent to the court of Chief Judicial Magistrate, Sri Ganganagar.