A.K. Sikri, J. - (1.) Leave granted.
(2.) The appellant herein, a renowned surgeon, stands convicted of the offence punishable under Section 338 read with Section 109 of the Indian Penal Code, 1860 (hereinafter to be referred as the 'I.P.C'). This conviction was delivered by the Additional Chief Metropolitan Magistrate, 47th Court, Esplanade, Mumbai, vide judgment and order dated 05.07.2011. The -appellant was sentenced to suffer simple imprisonment (SI) till the rising of the Court and to pay Rs. 50,000/- as and by way of compensation, in default to suffer simple imprisonment for 3 months. This conviction and sentence had been upheld by the ld. Additional Sessions Judge vide judgment dated 22.03.2012 and is also confirmed by the High Court of Judicature at Bombay by way of impugned judgment dated 15.10.2012. Still not satisfied, the appellant has challenged the judgment of the High Court, by way of present appeal.
(3.) To give a glimpse of the episode at the outset, we may mention that one Smt. Leela Singhi (hereinafter to be referred as the 'patient'), wife of Shri Padamchandra Singhi, the complainant, was suffering from Cancer for which she was under medical treatment since the year 1977. As her condition did not improve and rather deteriorated over a period of time, in 1987 she was taken to America and was treated in Sloan Kettering Memorial Hospital in New York. However, it did not yield any positive results. The doctors in that hospital declared her beyond surgical treatment and she was sent back to India on 29.11.1987. In India, she had been under the medical supervision of Dr. A.K. Mukherjee, for a long time, who started -administering the medication prescribed by the doctors in U.S.A. Within few days, the patient started suffering from vaginal bleeding because of which Dr. A.K. Mukherjee advised her for hospitalization. She was admitted to Bombay Hospital on 9.12.1987. After a few days of hospitalization, she was examined by the appellant who advised 'Exploratory Laparotomy (surgery)', in order to ascertain whether the patient's uterus can or cannot be removed in order to stop the vaginal bleeding.;