VISHWANATH VISHNU DABHOLKAR Vs. KING

JUDGEMENT

(1.) This is an appeal by special leave from the judgment of the Court of Appeal for Eastern Africa confirming the appellant's conviction of negligence under S. 222 (e) Tanganyika Indian Penal Code while quashing his conviction of being an accessory after the fact to an attempt to procure an abortion and affirming the sentence of three months' hard labour passed upon him by the High Court of Tanganyika at Arusha on 15 - 2 - 1944.

(2.) The appellant is a Licentiate of the College of Physicians and Surgeons of Bombay, India, and has been registered with the Bombay Medical Council, India, since 1926. He was employed as a Sub - Assistant Surgeon by the Medical Department of the Tanganyika Government from 1929 till 15 - 2 - 1944, when his service was terminated by the Government owing to the conviction out of which this appeal has arisen.

(3.) The count upon which the appellant has been found guilty was as follows. Statement of Offence:-Giving Surgical treatment negligently and in a mariner likely to endanger life or to cause harm contrary to section 222 of the Indian Penal Code. Particulars of Offence:-Vishwanath Vishnu Dabholkar and Sadanand Shamrao Nadkarni on about the 22nd day of July, 1943, in the Northern Province surgically treated one Elenora Kopko in such a negligent manner as to be likely to endanger her life or to cause her harm.