S.K. Gupta, J. - (1.) This appeal has been preferred against the judgment and order dated March 27, 1998 passed by the Ld. Judge, Special Court (Essential Commodities Act), - Cum -Additional Sessions Judge, Alipore in Criminal Appeal No. 53 of 1997, wherein the Id. Judge was pleased to acquit the opposite party No. 1 of all the charges thereby setting aside the judgment and order of conviction, as passed by the Id. Additional Chief Judicial Magistrate, Alipore in Case No. TR -27 of 1993.
(2.) Case of the Appellant is that he filed a petition of complaint before the Id. Magistrate, Alipore against one Dr. V. N. Chadda and Dr. Pijush Mukherjee alleging therein that due to their negligent act his daughter Nita died in the hospital. It was stated in the petition of complaint that the complainant's daughter aged about 18 years and who was of sound health, fell sick on or about March 10, 1985. From March 12, 1985 up to 18th March, 1985 Nita was suffering from various troubles including pain on the left side of her stomach. As such, on 18th March, 1985 the complainant went to the residence of Dr. Chadda at about six in the morning and on his request said doctor visited the complainant's house at 7.30 a.m. and prescribed some medicines and advised rest. In spite of that there was no improvement on the condition of Nita and as such, she was taken to the chamber of said Dr. Chadda who was informed about the complications from which Nita was suffering. Said Doctor assured that there was nothing to worry and prescribed some new medicines which were to be administered with the old ones. As in spite of that the condition of Nita deteriorated, so at about 9.30 p.m. on that day Dr. Chadda came to the complainant's house and examined Nita and advised that she should be admitted to the Calcutta Medical Research Institution. Accordingly, Nita was admitted in the said hospital under the care of Dr. Pijush Mukherjee, accused No. 2. Dr. Mukherjee started treatment of Nita after taking instruction from Dr. Chadda over telephone. In the hospital Nita was given glucose. But with the administration of glucose her thirst for water did not diminish and she was given two injections -so that she could sleep. Due to the pushing of the second injection Nita began to loose her consciousness. On the next morning the complainant found that his daughter was sleeping very deeply and she was struggling for breath. Seeing the condition of the patient Dr. Mukherjee. rang Dr. Chadda and informed him about the condition of the patient. Thereafter oxygen was given to Nita and she was transferred to Intensive Therapy Unit on 2.3.1985 at about 5 p.m. it was found that the count of Sugar in the blood of Nita was 800 m.g. In spite of that antidote was administered to her. On the next day Nita expired in the said hospital at about 4.10 a.m.
(3.) The complainant has alleged that when Nita was admitted in the hospital then at that time in the column for preliminary diagnosis three diseases were mentioned viz. Diabetis Ketoasidosis (hereinafter referred to as D.K.), Malignant Malaria and G.B. Syndrome. Although, doctors had D. K. in mind, still no test for sugar either in urine or in blood was ordered. This fact, according to the complainant, indicates gross negligence on the part of the doctors. According to him it was sheer criminal negligence to administer dextrose solution from 11 p.m. to 8 p.m. of the next day i.e. for twenty hours during which period the patient passed on to deep unconsciousness and this fact is sufficient indication about the casual manner and the criminal negligence by which the doctors treated the patient. As such, the complainant has claimed that both the doctors should be punished as per provisions of Sec. 304A of the Indian Penal Code.;