DR. JAIPRAKASH AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the instant revision petition, the petitioners have approached this Court being aggrieved of the order dated 1.12.2011 passed by learned Judicial Magistrate, First Class, Rajsamand in Criminal Regular Case No. 303/2008 whereby, accusation under Sec. 304A Penal Code was ordered to be read over to the petitioners and they were directed to be tried for the said offence.

(2.) Facts in brief are that one Shri Om Prakash lodged a written report on 21.9.2006 before the Additional S.P., Rajsamand alleging that one Smt. Gayatri Devi w/o Shri Ganesh Singh Rajput had been admitted at Manohar Maternity Hospital, Kankroli on 20.9.2006. The condition of the lady deteriorated while being hospitalised. The doctors demanded a huge sum of money for treating the lady and threatened that she would be referred to the higher centre only if a sum of Rs.25,000.00 was paid. The family members paid up a sum of Rs.12,000.00 to the doctors but proper treatment was not provided to the lady. By that time, her condition had deteriorated precariously. She was referred for treatment at Udaipur at a very late stage, where she passed away. The lady expired because of the negligent treatment of the doctors at the Manohar Maternity Home and their reluctance in timely referring her to the higher center. On this report, an F.I.R. No. 570/2006 was registered at P.S. Rajsamand for the offence under Sec. 304A IPC.

(3.) It may be mentioned here that even before registration of the F.I.R., a complaint appears to have been filed upon which the police was called and the statement of Smt. Gayatri was recorded while she was admitted at the M.B.S. Hospital, Udaipur. She stated that she gave birth to male child on 20.9.2006 at about 9:10 AM. The delivery was normal. She insisted with the doctors that she needed the child alive. The doctors told her that they were trying to save the child. The doctors took a sum of Rs.12,000.00 for her treatment and a further sum of Rs.18,000.00 was demanded. She expressed to the doctors that she was not well on which, she was referred to Udaipur and was brought to Janana Hospital in an ambulance. She alleged that the doctors at Kankroli did not provide her proper treatment.