MOTILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 27.10.1989 rendered by the Additional Sessions Judge, Beawar in Sessions Case No. 40/1987 whereby the accused-appellant has been convicted for offence under Sec. 304 I.P.C. and has been sentenced to rigorous imprisonment for two and half years and to pay a fine of Rs. 2,500.00 and in default of payment of fine, he was sentenced to further undergo rigorous imprisonment for six months.

(2.) The facts giving rise to this appeal in brief are that complainant-Ramdev Dugdi (PW-5) submitted a criminal complaint (Ex.D-1) in the Court of learned Additional Chief Judicial Magistrate, Beawar to the effect that accused is working in the Amrit Kaur Hospital as Ward Boy but he showed himself in the public as a Doctor and by misusing the name of a Doctor he used to earn money from the patients in a this deceitful manner. It was further alleged that sister of the complainant, Smt. Parvati Devi W/o Shri Ghanshyam Bhati is residing along with her family members comprising of herself, her husband and two minor children aged about 3 and 1 years, respectively at Shahpura Mohalla, Beawar. He further stated in the complaint that his 'jija' is an illiterate person doing the job of selling milk and curd from a shop. The accused was also familiar to this family and he introduced himself as a doctor, whereas he had no valid license or knowledge of a regular medical practitioner. On 12.9.1986, his sister Smt. Parvati Devi suffered from vomiting and diarrhea and in the afternoon at about 12.30 P.M., the accused came to the shop of Ghanshyam Bhati (jija of complainant) then, Ghanshyam Bhati apprised the accused about the illness of his wife and requested him to suggest a good doctor then, accused told him that he is also a doctor and he can medically treat her as well. Believing on the accused, Ghanshyam Bhati took the accused to his house and despite having no knowledge of a regular medical practitioner, the accused injected her two syringes of injection but her condition became more deteriorated and red spots emerged out on all over her body. When Ghanshyam Bhati asked the accused as to what is happening with his wife, the accused assured him that she will be alright within a short span of time and saying so, the accused returned to his home. When still the condition of his wife was not improved, again Ghanshyam Bhati came to the accused on the same day at 2.30 P.M. and made complaint as to what he injected to her as her condition has become more deteriorated. Thereupon, the accused prescribed him some medicines suggesting to purchase the same from Oswal Trading Company, Beawar. Since the condition of the deceased was becoming more deteriorating, he instead of going to the above-said medical shop, purchased the medicines from Mahaveer Medical Beawar, which was in his way. Since the prescription was not written by a regular medical practitioner, the shop keeper gave him medicines after giving receipt thereof on the prescription itself. The accused then salined the medicines to the deceased and returned to his home with the assurance to come back shortly and will remove the saline after exhausting the drop. When still the condition of the deceased was not improved, Ghanshyam Bhati again called the accused at 4.30 P.M. and requested him to call another doctor then, accused told him not to call any other doctor as he is prescribing some more medicines and she will be alright. When till 9.00 P.M., the condition of Smt. Parvati Devi was not improved, Ghanshyam Bhati called Dr. Gehlot, who scolded him as to who treated her as her condition is very critical and suggested him to get her admitted in the hospital but the accused persuaded Dr. Gehlot to treat her at the house itself. Thereupon, Dr. Gehlot scolded the accused for giving a wrong injection of medicine to the deceased, which reacted and prescribed some medicines. But the deceased did not get any relief and then, the accused gave her sleeping pills due to which, she became unconscious. On 13.9.1986 at 9.30 A.M. when the complainant came to know about all these things, he met Dr. Gehlot, who told him that due to injecting wrong medicines by the accused, condition of the deceased deteriorated. Thereupon, the complainant got admitted the deceased at Amrit Kaur Hospital, Beawar, but she died in the hospital on 13.9.1986 at 11.45 P.M. the learned Magistrate sent the complaint under Sec. 156(3) Crimial P.C. for investigation to the Police Station Beawar City, which registered the case vide F.I.R. No. 158/1986 against the accused for offence under Sections 279, 304, 304/171 I.P.C. and started investigation. During investigation, the Investigating Officer seized the documents from the Amrit Kaur Hospital, Beawar relating to treatment of the deceased and recorded statements of the witnesses under Sec. 161 Crimial P.C. the Investigating Officer sent the signatures of the accused on the prescription for its tally with his specimen signatures to the Forensic Science Laboratory for getting opinion of the Handwriting Expert, which is Ex.P-47 on record. After completion of investigation, the police filed charge-sheet against the accused before the Magistrate of 1st Class for offence under Sections 304 and 170 I.P.C.

(3.) After committal and conclusion of trial, the Trial Court viz. Additional Sessions Judge, Beawar framed the charge against the accused-appellant for offence under Sec. 304 I.P.C. and read over the same to him but he denied the charge and claimed trial.