Prakash Tatia, J. - (1.) THE present petition has been preferred by the petitioner Dr. Kamala Gurwani to challenge the criminal proceedings which was initiated because of lodging of FIR dated 16.2.1999 lodged by one Sharwan Kumar on the basis of which the challan was filed against the petitioner under Section 304A IPC.
(2.) THE facts of the case are that on 17.2.1999 the complainant lodged written report with the police station, Sujangarh stating therein that her sister Luni Devi developed labour pain and one SB Cr. Misc. Petition No. 778/2001 Dr. Kamla Gurwani v. State female nurse Smt. Vishnu Kanta was called from the Government Hospital of nearby town to the complainant's small village. The nurse after examining the victim lady Luni Devi opined that it is a complicated case, therefore, the victim should be taken to the Government hospital at Bidasar. The nurse Smt. Vishnu Kanta accompanied the lady and the complainant and other family members took the lady to Government Hospital, Bidasar. The lady Luni Devi was admitted in the Government Hospital, Bidasar at 10.05 AM on 16.2.1999 itself. As per the bed head ticket she was given treatment by doctor at Bidasar Government Hospital and ultimately, at 3.00 PM looking to the condition of the patient, doctor advised that she be taken to higher hospital. She was discharged from the hospital for sending her to the Higher Hospital upon which, the complainant alongwith others took Smt. Luni Devi to the Government Hospital Sujangarh. They reached there after the hospital hours at about 4.00 PM and finding the hospital closed, they took the victim Luni Devi to house of the petitioner who was a Government doctor working in Government Hospital, Sujangarh who found the SB Cr. Misc. Petition No. 778/2001 Dr. Kamla Gurwani v. State situation emergent, the lady doctor, to save the life of Smt. Luni Devi obtained a consent letter from the complainant Sharwan Kumar that the child may be removed from the womb of the lady to save the lady. The child was removed from the womb of the lady at the residence of the petitioner in the presence of the doctor who came from the village Bidasar alongwith nurse. After said delivery of dead child, the lady Luni Devi took tea and biscuits and, thereafter, her condition become worst. She was taken to nearby private hospital i.e., Rathi Nursing Home where the blood of complainant Sharwan Kumar and Smt. Luni Devi were examined and finding the blood of Sharwan Kumar good for infusion in the body of Smt. Luni Devi, the blood of Sharwan Kumar was taken. The hospital incharge of the Rathi Nursing Home also came there but the victim Smt. Luni Devi could not be saved by the doctors. After the death of Smt. Luni Devi this written report was submitted by complainant Sharwan Kumar on 16.2.1999 at about 10.30 PM with allegation that Smt. Luni Devi was killed because of the negligence of the petitioner doctor. On the basis of the above FIR dated SB Cr. Misc. Petition No. 778/2001 Dr. Kamla Gurwani v. State 16.2.1999, the case under Section 304A IPC was registered. In investigation, the statement of complainant Sharwan Kumar, nurse Smt. Vishnu Kanta, who reached first to see Smt. Luni Devi, statement of Hemaram, male nurse -II of the Government Hospital , Bidasar and witness Chunaram - cousin brother of Smt. Luni Devi, who accompanied Smt. Luni Devi and others from Bidasar to Sujangarh as well as the statement of Shri Chunnath, the driver of the jeep in which Smt. Luni Devi was taken to Sujangarh, statement of Shri Karan Ram, one of the brother of Smt. Luni Devi, Bhanwarram, one relative of Smt. Luni Devi, the statement of shop -keeper of Sujangarh Nandlal whose shop was near the hospital, statement of Subhash Chandra an employee of medical store of Rathi Nursing Home, statement of Sannu Joshaf, technician working in the Rathi Nursing Home and statement of Ku. Shobha an employee of the Rathi Nursing Home as well as the statement of father of Smt. Luni Devi were recorded by the investigating agency. The bed head ticket of Smt. Luni Devi was also produced alongwith challan. Two postmortem reports, one of the newly born baby and postmortem SB Cr. Misc. Petition No. 778/2001 Dr. Kamla Gurwani v. State report of deceased Luni Devi were also obtained and produced alongwith the challan.
(3.) IN the trial court, substance of acquisition was read over and stated to the accused under Section 251 Cr.P.C. after taking cognizance for the offence under Section 304A IPC.;