- (1.) THIS revision petition challenges the order dated 7.4.2005 passed by Additional Sessions Judge, Kurukshetra, in Sessions Case No.29 of 2004 whereby respondents No.1 and 2 were ordered to be discharged. Briefly stated, the petitioner -complainant filed a complaint on 29.10.2003 for offence punishable under Sections 304, 217, 218, 219, 201/34 and 120 -B IPC against Dr. Anupama Singh Medical Officer and Dr. S.S. Saini, Chief Medical Officer, L.N.J.P. Hospital, Kurukshetra.
(2.) THE case of petitioner is that on fateful day of 14.5.1996, his son met with an accident while waiting for green signal on the crossing of G.T. Road Pipli and received serious injuries. He remained entrapped under the truck and was taken out after about one hour by the public using jack to lift the truck. The doctor at L.N.J.P. Hospital, Kurukshetra referred the son of the complainant to P.G.I. Chandigarh but he died on the way. The complainant filed the complaint against Dr. Anupama Singh who was posted as In -charge of emergency ward and Dr. S.S. Saini, In -charge of the hospital at the relevant time.
(3.) THE allegations levelled by the complainant in the complaint were as follows : - i) There was no arrangement of blood in the hospital and attendants arranged six bottles of blood. ii) While referring the son of the complainant to P.G.I. Chandigarh, no emergency paramedical staff, life saving oxygen etc. were provided. iii) Respondent No.1 referred the patient to P.G.I. Chandigarh despite the fact that he was not in a condition to be shifted there. iv) Two untested and unmatched blood units were supplied to be used on the way. v) In the medicolegal report only four injuries were mentioned on the lower limb while in the postmortem examination which was conducted by the respondent No.2, eight injuries including abdominal injuries were mentioned and this shows the negligence on the part of respondent No.1. vi) The complainant gave representation to the then Chief Minister for taking action against the erring doctors and enquiry was conducted wherein it was found that documents relating to the treatment of son of the complainant were missing. vii) The department initiated regular enquiry proceedings under Rule 7/8 of Haryana Civil Services (Punishment and Appeal) Rules, 1987. On the complaint filed, Addl. Chief Judicial Magistrate, Kurukshetra, vide order dated 13.8.2004 summoned the respondents No.1 and 2 for offence punishable under Sections 304/201/218 read with Section 120 -B IPC, respondent No.2 for offence punishable under Section 217 IPC and after procuring their presence committed the case to the court of Sessions for trial.;