- (1.) Heard learned counsel for the petitioners and learned counsel for the State as also learned counsel for the complainant opposite party No. 2.
(2.) The petitioners are aggrieved by the Judgment dated 26.9.2006 passed by learned 3 rd Additional Sessions Judge, Fast Track Court, Dumka, in Criminal Appeal No. 58 of 2002, whereby in the appeal filed by the accused petitioners against the Judgment of conviction and Order of sentence for the offence under Section 304 A of the Indian Penal Code, though the appeal was allowed and the Judgment and Order passed by the Trial Court were set aside, but the matter was remanded back to the Trial Court below for disposal in accordance with the observations made by the Appellate Court. It may be stated that the petitioners were found guilty and were convicted for the offence under Section 304 A of the Indian Penal Code and upon hearing on the point of sentence, they were sentenced to undergo rigorous imprisonment for one year each, by Judgment and Order dated 21.6.2002 passed by learned S.D.J.M., Dumka, in P.C.R. Case No. 205 of 1999 / T.R. No. 1626 of 2002.
(3.) It appears that a complaint case was filed before the Chief Judicial Magistrate, Dumka, which was registered as Complaint Case No. 205 of 1999, by the complainant Pradeep Prasad Sah, wherein the petitioners were made accused. It appears from the impugned Judgment that the petitioners were the medical practitioners in Mohulpahari Christian Hospital, Shikari Para, District Dumka, where the deceased Rekha Devi was admitted for delivery, as she was pregnant. Considering her condition, the surgical operation was conducted on her on16.5.1999 and ultimately, she died in the hospital on 30.5.1999. The complaint petition was filed by the brother of the deceased on 17.6.1999 alleging medical negligence on the part of the accused doctors in treating his sister. It appears that the petitioners were ultimately put to trial for the offence under Section 304 A of the Indian Penal Code. In course of trial, the prosecution had examined three witnesses, who are P.W.1 Pappu Khan, P.W.2 Pramod Kumar Sah and P.W.3 Pradeep Prasad Sah, the complainant. None of the prosecution witnesses was any medical expert who could have proved the medical negligence, if any, on the part of the accused-petitioners. The witnesses were also examined on behalf of the defence and it appears that on the basis of the evidence on record, the Trial Court below had found the petitioners guilty for the offence under Section 304 A of the Indian Penal Code and had convicted and sentenced them as aforementioned.;