Prakash Tatia, J. - (1.) Heard learned counsel for the parties.
(2.) In an unfortunate incident happened on 19.1.2001 in Shakuntala Nursing Home, Sri Ganganagar, Smt. Manju Devi died after giving birth to a girl child on 15.1.2001. A FIR was lodged on the same day, 19.1.2001 by one Nanak Chand Singhal s/o Durga Prasad Agarwal, a relative of deceased Manju Devi. The case was registered and thereafter, post mortem was also conducted and the post mortem report dated 19.1.2001 was obtained by the prosecution. The post mortem says as under:- "Conclusion - In the opinion of the Board the cause of death is Haemorrhagic shock due to injury of Rt Formix of Vagina and Rt side Cervix (tear) leading to huge Haematoma in Rt Brood ligament Extending Retro peritoreally in Pelvis and upto lower Pole of Kidney and Bladder base."
(3.) A medical board was also constituted who gave its interim report on 23.1.2001. The statement of various witnesses were recorded under Section 161 Criminal Procedure Code wherein the statements of Dr.KL Gupta and Dr. Indra Pal Singh Poonia who signed the report dated 23.1.2001 were also recorded. In addition to above statements of two doctors, the statement of Dr.Kailash, Jr. Specialist (Medicine), Govt. Hospital, Sri Ganganagar ; Dr. Ram Patap Poonia, CMHO, Hanumangarh ; Dr. BR Kataria, Jr. Specialist (Gynae), Govt. Hospital, Sri Ganganagar ; Dr. Ashok Gupta of one Mahaveer Nursing Home, Raisinghnagar, relative of deceased and Dr. Ashok Garg, MD (Medicine) were also recorded. After investigation, a challan was submitted in the Court and cognizance was taken by the Court vide order dated 22.3.2001 after registering the criminal case no. 141/2001 under Section 304 Part II Indian Penal Code and the case was committed to the Court of Sessions Judge by order dated 30.3.2001. Learned Additional Sessions Judge, Sri Ganganagar vide order dated 18.10.2002 held that no case under Section 304 Part-II Indian Penal Code is made out and it is a case under Section 304A Indian Penal Code only and since it is triable by the Magistrate, therefore, the same was sent to the Court of Chief Judicial Magistrate, Sri Ganganagar.;