SUNIL KUMAR GARG,J. - (1.) THIS revision petition has been filed by the petitioner against the order dated 7.9.2001 passed by the learned Judicial Magistrate, first class, Sujangarh by which contents for offence under Section 304A I.P.C. were read over to the accused petitioner.
(2.) IT arises in the following circumstances : (i) On 16.2.99, one Shrawan Kumar lodged a written report with the Police Station Sujangarh stating that her sister Luni (hereinafter referred to as the deceased) developed labour pain in Gantiya Ke Rahi Ki Dhani and, thereafter, she was brought to Government Hospital, Bidasar at 10 a.m. and where she was admitted as indoor patient and where attending doctor advised that the patient should be shifted to Sujangarh and, thereafter, the deceased was brought by Shrawan Kumar to Sujangarh at the residence of the accused petitioner who was posted as Junior Specialist, Government Hospital, Sujangarh and child was delivered to the deceased at 5 p.m., but later on the condition of the deceased became serious one and as per the advice, she was shifted to Rathi Hospital at about 5.30 p.m. and body of the child was left at the house and at about 6.30 p.m. the deceased died. Thus, the case of the complainant is that due to negligence of the accused petitioner both the child as well as his sister died. On this report FIR No. 25/99 for offence under Section 304A I.P.C. was registered and investigation commenced and after usual investigation police submitted challan on 15.7.99 against the accused petitioner for offence under Section 304A I.P.C.
(3.) THAT the learned Magistrate took cognizance for offence under section 304A I.P.C.;