S. K. Awasthi, J. - (1.)This revision application has been preferred by the applicant under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 against the order dated 22.06.2016 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, 1989, Guna in Special Sessions Trial No.98/2015, whereby the charge for commission of offence punishable under Section 304 of Indian Penal Code has been framed against the applicant.
(2.)Brief facts of the case are that on 22.03.2015 complainant Raju lodged a report that on 22.3.2015 he took her wife Laxmibai to applicant Uttam Biswas for treatment. The applicant administered two injections to Laxmibai and after taking treatment his wife Laxmibai died. On this information, Inquest No.15/2015 under Section 174 of the Code of Criminal Procedure (CrPC) was registered and after due enquiry police registered an FIR bearing Crime No. 037/2016 at Police Station Chachoda, District Guna against the applicant for the offence punishable under Section 304 of IPC. After completion of investigation, the charge-sheet was filed before Judicial Magistrate First Class, Chachoda for the offence under Section 304 IPC and Section 3 (2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, the 'Special Act'), who committed the case to the Special Court for trial.
(3.)Trial Court on the material brought on record discharged the applicant from the charge under Section 3 (2)(5) of the Special Act but proceeded to frame the charge against the present applicant, on the basis that without having registration as medical practitioner he treated Laxmibai and the death has been caused out of conduct of the applicant, who had complete knowledge that this act is likely to cause death of deceased Laxmibai. Accordingly, charges under Section 304 IPC and Section 15(2) read with Section 15(3) of the Indian Medical Council Act, 1956 have been framed which is the subject matter of challenge before this Court.