SHELL SHASTRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the order dated 5th February, 2001, whereby charges have been framed against the petitioner for the offences under Sections 304-A and 314 IPC.

(2.) The short facts of the case are that on 15.05.1999, the complainant filed a report that her daughter-in-law, Jyoti having a profuse bleeding. She was admitted at the hospital administered by the present petitioner. With the consent of the patient, a DNC was carried out with due care and caution, but the condition of the patient deteriorated and she was referred to SMS Hospital, but complainant took her to Agra where another Dr. Alka Sein operated her and she died on 19th May, 1999. Present petitioner is not negligent and she was not having any intention to commit miscarriage. She is qualified doctor and action has been taken by her in a good faith, hence, charges under Sections 314 and 304-A IPC could not be made out against her.

(3.) Per contra, contention of learned Public Prosecutor is that there is no infirmity in the impugned order.