- (1.) This is an application by one Chandu Lal under Section 417, Criminal Procedure Code, for the grant of special leave to appeal from an order, dated December 5, 1968, of acquittal passed by the Judicial Magistrate, First Class, Ludhiana.
(2.) Brief facts, material for this order, are that Chandu Lal made a complaint in respect of an offence under Section 297 read with Section 34 of the Indian Penal Code against Dr. Lobu and Dr. Scott of the Christian Medical College Hospital, Ludhiana, and Rev. D.K. Stephens, U.C.N.I. Church, Ludhiana, alleging that his cousin, Shri Dass, a Christian, aged about 60 years, was admitted in the Hospital run by the accused on December 30, 1966, under the orders of Accused No. 3, Rev. D.K. Stephens. The patient died in the Hospital on January 7, 1968. The dead-body was subjected to post mortem examination without the permission of the complainant or other relations of the deceased. In fact, the complainant was never informed about the ailment and the serious condition of the deceased. On being informed, the complainant went to the Hospital and was shocked to find that the dead body had been stitched all over and that the liver, kidneys and some other organs of the deceased had been removed from it. On these facts, Chandu Lal made a complaint on February 9, 1968, against the three accused persons in Court.
(3.) The complainant's statement was recorded under Section 200, Criminal Procedure Code, on February 22, 1968. Thereafter, the case was adjourned several times for recording the evidence of the witnesses under Section 202, Criminal Procedure Code. These summary proceedings concluded on May 4, 1968, when the Magistrate issued process against one accused, Rev. D.K. Stephens, and declined to issue process against the remaining two accused persons. After that, numerous adjournments were given to the complainant to produce his evidence. He did not make any application for summoning witnesses through Court, nor did he produce his evidence on several dates of hearing. An instance of the delay and procrastination on the part of the complaint is evident from the order, dated November 8, 1968, recorded by the Magistrate. It reads :- "The complainant has not brough any evidence. He did not even apply for summoning any witness. He requests for an adjournment. Adjournment is given on payment of Rs. 20/- as costs. To come up on 5th December, 1968.";