HANUMAN PRASAD Vs. STATE

JUDGEMENT

(1.) THIS is a revision by Hanuman Prasad against the order of the learned Sessions Judge, Banswara, upholding his conviction under section 304-A of the Penal Code.

(2.) THE facts relating to the case, out of which this revision arises, may be stated briefly. On the 13th of November, 1947, Mst. Pushpan, a girl of five years of age, was taken to the Ayurvedic Dispensary at Arthuna in Banswara State, which was in the charge of the accused, Hanuman Prasad Vaid, for treatment for stomach ache from which she was suffering at the time. THE relations, who accompanied her, asked the Vaid to give her an enema. Since the compounder of the Dispensary was 011 leave, the accused asked the relations accompanying the girl to call from the city one Magan Lal, who had previously served in the Dispensary. THE Vaid prescribed a glycerine enema, and directed Magan Lal to administer it. All this took place in the upper storey of the Dispensary. THE girl was taken down-stairs, and the enema was given by Magan Lal, but by mistake it was given in the vagina instead of the anus. THE result was that the uterus burst, and there was profused bleeding. THE Vaid, on being called, bandaged her, and sent her home, and later also attended her at her house, and gave some injections, but inspite of his best efforts, the girl died on the night of the 14th November, 1947. As a result of the first information report lodged by Mst. Manak, a relation of the girl, and the investigation conducted by the Police, Vaid Hanuman Prasad and Magan Lal were both challaned under section 304a of the Penal Code. THE trial Magistrate convicted and sentenced both the accused to six months' imprisonment, and a fine of Rs. 51/- each. THE learned Sessions Judge, Banswara, on appeal, acquitted Magan Lal, but upheld the conviction of Hanuman Prasad, though the sentence was reduced to two months' simple imprisonment.