- (1.) The instant criminal revision has been preferred by Dr. P. Kumar against the judgment and order dated 2.8.2002 passed by learned Additional Sessions Judge, Court No. 9, Aligarh whereby learned court below has partly allowed two criminal revisions filed by opposite parties of this revision i.e. Criminal Revision No. 109 of 2000; Ram Gopal Verma Vs. Dr. P. Kumar and others and Criminal Revision No. 146 of 2000; State Vs. Dr. P. Kumar and others.
(2.) Heard learned counsel for the parties and perused the record.
(3.) Some background facts in brief are that one Smt. Kamlesh, having 7 months pregnancy, due to some complications, was to be admitted to the Nursing Home run by the revisionist Dr. P. Kumar for pre-mature delivery. Looking into the circumstances, the revisionist summoned Dr. Tulika Pathak, a Gynaecologist Surgeon, and she opined for immediate operation. Thereafter Dr. Sanjay Bhargava, anaesthetist was summoned who gave anaesthesia and operation was performed. A male under weight baby was born who was weighing only 1.6 kg. at the time of his birth. The baby had aspirated the meuconium or in simple words he had consumed faecal matter which went directly into his lungs. Immediately a child specialist Dr. Rajeev Singhal was called who continued his treatment but unfortunately the baby expired within 24 hours. The respondent no. 2 who is the brother of Smt. Kamlesh, lodged an F.I.R. against the doctors under Section 304-A I.P.C. A criminal case was registered and the matter was investigated. The investigation was later on transferred to C.B.C.I.D. which submitted charge-sheet against the revisionist Dr. P. Kumar and also against the lady doctor, the anaesthetist and the child specialist. The learned Magistrate took cognizance on the charge-sheet and summoned all the doctors to face trial under Section 304-A of I.P.C. The doctors filed an objection against the summoning order of the Magistrate. Their application was allowed and all of them were discharged. Being aggrieved by the order of learned Magistrate, the complainant Ram Gopal Verma preferred Criminal Revision No. 109 of 2000. The State also preferred Criminal Revision No. 146 of 2000 in the court of Additional Sessions Judge, Aligarh. The learned Sessions Judge vide impugned order dated 2.8.2002 partly allowed both the revisions and set aside the order of discharge passed by learned Magistrate in respect of Dr. P. Kumar only.;