D SRIDEVI Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner is A1 by name Dr. D.Sridevi, Medical Practitioner running own hospital by name Laxmi Maternity & General Nursing Home and the 2nd respondent is the defacto complainant. The petitioner in this application under Section 482 Cr.P.C. is seeking to quash the proceedings in PRC.No.22 of 2013 pending for committal on the file of learned II Additional Judicial First Class Magistrate, Mancherial, Adilabad District, taken cognizance for the offences punishable under Sections 304-A & 314 IPC.

(2.) The 2nd respondent-complainant even though served failed to attend. Heard learned counsel for the petitioner and learned Public Prosecutor representing the 1st respondent-State and perused the material on record.

(3.) The factual matrix from the report of the defacto complainant-B.Tirupathi, no other than husband of the deceased-B. Sumalatha in registration of the crime No.212 of 2012 dated 21.05.2012 giving report against A1-Dr. Sridevi supra, A.2-Dr. A.Ganesh, Anesthetist that on 21.05.2012 at about 11.00 AM he joined his wife Sumalatha pregnant when suffering from stomach ache in the Laxmi Nursing Home of Dr. Sridevi, the family doctor and Dr. Sridevi-petitioner and A2 Doctor examined said Sumalatha and took her into operation theatre saying to operate her and after passing an hour they came out saying Sumalatha was facing difficulty in breathing to provide oxygen and after passing another hour they came out saying her condition is critical and to provide ventilator facility and she has to be shifted to Karimnagar hospital and she was taken by boarding in DCM Van. What he alleged was they made him to believe that they were administering oxygen to the dead Sumalatha by then by said Sridevi and Ganesh as if Sumalatha alive even expired due to their negligence. After registration of the crime, in the course of investigation the fetus was seized and sent to Government Hospital, Mancherial and body of Sumalatha was subjected to PME examination conducted by team of 3 Doctors and the viscera preserved sent to FSL, Hyderabad and fetus sent to KMC, Warangal for examination and report. The team of Doctors who conducted autopsy with final opinion also with reference to the FSL report that there is no definite opinion can be given to the cause of death having conducted autopsy over the body of the deceased Sumalatha and fetus and questionnaire was also send by the IO to the Superintendent, Government Area Hospital, Mancherial-LW.14 that the deceased Sumalatha even for her earlier delivery admitted in same hospital of A1 Sridevi and gave birth to a child in February 2012 and again when she was carrying she was undergoing frequent medical checks under the care of A1 with confirmation of pregnancy and prescribing medicines for frequently conducting medical tests including on the growth of child in the womb. On 14.05.2012 defacto complainant and his wife Sumalatha (deceased) attended the hospital of A1 who advised for a scan report and Sumalatha was taken to Keeri Scanning Centre by her husband and the report obtained and after observing the report of there is single live fetus in Breach presentation of 21 weeks Oligohydramnious, no gross anomalies detected, advised rescan after two weeks and A1 prescribed some medicines. On 18.05.2012 said Sumalatha went to her parents' house at Srirampur. On 21.05.2012 she suffered stomach ache and same was informed to A.1 over phone by defacto complainant and taken by defacto complainant said Sumalatha (deceased) to hospital of A1 along with mother of deceased-LW.3 in assistance and there necessary tests conducted of blood, urine etc., and A1 Dr. Sridevi examined and informed to undergo operation immediately for there is danger to life from the child in the womb and called thereafter A2 to the hospital to give anesthesia as a pre-arrangement to the operation and the operation started at about 01.30 PM and at about 02.00 PM A1 Dr. Sridevi came out by revealing that the fetus brought out from womb of Sumalatha but there is difficult in her breathing due to insufficient oxygen and advised to shift to Karimnagar for ventilation support and called LW.6 Dr. Chandra Dutt and one Dr. Raghunandan and they came and found Sumalatha under unconscious stage with difficult in breathing having observed her pulse of 130/80, PACO2 was 67, deceased was having severely pulmonary edema and has forthy sprotum from her mouth and on the advice of LW.6 Dr. Chandra Dutt given injection of Lasix 60 mg 3 ambles, I.V. and A2 continued ventilation support 100% oxygen to Sumalatha patient and even pulseox status did not improve 65% as such 3 amples of Lasix administered and injection efcorlin also given and condition of patient reached to PACO2 62% and on the advice to shift to Karimnagar hospital with ventilation support. The defacto complainant called his brother LW.4 in shifting. It is the observation thereafter from the police final report of it is the negligence in conducting abortion operation by A1 and A2 in administration of overdose of anesthesia to deceased she lost her breath, however they made believe the defacto complainant as if deceased was alive and gave treatment by boarding the deceased in DCM Van to shift to Karimnagar with ventilation support and A2 in the DCM Van stated of deceased breathed last and went away and said investigation established of the operation conducted for abortion without any rescan and medical suggestion with intent to terminate pregnancy of deceased woman as a female child there in her womb by removal of fetus very negligently with that resulted and thereby they committed the offences under Sections 304-A, 314 & 336 IPC as referred supra cognizance taken under Sections 304-A & 314 IPC in allotting the PRC number to commit the case to the Court of Session by the learned Magistrate.