Case BriefsHigh Courts

Bombay High Court: A Bench of T.V. Nalwade and Mangesh S Patil, JJ., refused to quash a criminal case registered against a Medical Officer (applicant) for an offence punishable under Section 304-A (causing death by negligence) IPC.

Seema (now deceased), who was pregnant at the time relevant, was admitted to the Government Hospital for her delivery. She was admitted at about 8:50 am. The duty time of the applicant (Medical officer of the Hospital) was from 8 am onwards, but he was not present in the hospital. Therefore, Seema was admitted by a nurse and she delivered a child at about 9.10 am. After delivery, Seema suffered bleeding. Realising development of the complications, the nurse informed the applicant on the phone. However, he did not turn up till 10 am, and ultimately Seema passed away. The applicant was booked under Section 304-A on the complaint of Seema’s father.

Represented by Ganesh V. Mohekar, Advocate, the applicant sought quashing of the case. Per contra, S.B. Joshi, Additional Public Prosecutor opposed his application.

As per the High Court, there was sufficient record to infer that Seema’s death occurred due to the applicant’s negligence. Rejecting applicant’s submission that it was anyway a high-risk case due to ‘placenta postrioely low lying’, the Court said: ” In that case also it can be said that it is the duty of the medical officer to remain present and when it is a case of high risk his presence is a must. The record is sufficient for the present purpose to infer that he was never diligent in discharging his duty and on that day due to his negligence Seema died.”

Relying on Jayshree Ujwal Ingole v. State of Maharashtra, (2017) 14 SCC 571, it was held that all the tests to ascertain applicant’s negligence were satisfied. [Dr Ravindra v. State of Maharashtra, 2019 SCC OnLine Bom 616, Order dated 09-04-2019]

Case BriefsHigh Courts

Bombay High Court: V.M. Deshpande, J., quashed the trial court’s Judgment convicting the applicant herein for the offences punishable under Sections 279 (rash driving or riding on a public way) and 304-A (causing death by negligence) IPC. The order of the Ad-hoc Additional Sessions Judge was also set aside whereby he confirmed the trial court’s Judgment.

As per the prosecution, the applicant, a driver with Maharashtra State Road Transport Corporation, was driving the offending bus which knocked down a 6-year old girl. The incident was reported, and the applicant was tried and convicted as aforesaid. He challenged his conviction but the appeal was dismissed by the Ad-hoc Additional Sessions Judge. Aggrieved thereby, the applicant filed the present revision application. His defence throughout was that he was not driving the offending bus at the time of the incident.

The High Court stated: “It was open for the prosecution to obtain the relevant record from the depot to which the applicant was attached, to show that at the relevant time the applicant was driving the offending vehicle. Further, it was obligatory on the part of the prosecution to prove those documents. In the present case, that has not been done. On the contrary, the learned lower appellate Court, it appears that, dismissed the appeal on the basis of unproved documents.” In the Court’s opinion, the evidence available was not sufficient to conclusively prove that the applicant was driving the offending bus. He was found entitled to benefit of doubt. Resultantly, the Court quashed his conviction and also set aside the First Appellate Court’s order mentioned above. [Sudhir v. State of Maharashtra, 2019 SCC OnLine Bom 558, decided on 02-04-2019]