Delhi District Court
Tis Hazari Courts : Delhi vs Unknown on 26 March, 2010
IN THE COURT OF SHRI MANISH YADUVANSHI : MM (WEST) -05
TIS HAZARI COURTS : DELHI
FIR No. :830/97
P.S :Paschim Vihar
S.No. Of the case :538/02
Date of commission of offence :22.06.1997
Name of complainant :Om Prakash S/o Anis Chand
R/o Village Chati Vihad,
Disttt. Amristar.
Name of accused :Smt. Sudesh Rani W/o
Satish Kumar R/o A-34,
Relief Camp Peergari,
Paschim Vihar
Offence complained of :Under Section 304A
Offence charged with :Under Section 304A
Plea of the accused :Pleaded not guilty
Arguments heard/ order reserved :26.03.10
Final order :Acquitted under Section
304A
Date of such order :26.03.10
BRIEF REASONS FOR THE DECISION OF THE CASE:-
1 In brief the case of the prosecution is that on 22.06.1997, at
6.45 pm at Relief Camp Peera Garhi, within the jurisdiction of PS Paschim
Vihar, Smt. Kamlesh W/o Sh. Om Prakash had died at Hindu Rao Hospital
due to carelessness of Smt. Sudesh Ran. As she got her aborted from one
lady doctor and she did not get proper treatment, she died and thus, she
committed offence under Section 304A IPC.
2. A DD NO.15A was received at PS Paschim Vihar on 22.06.1997
pursuant to which ASI Gurdeep Singh reached at HRH Hospital and found
on inquiry that one Smt. Kamlesh had expired. The relevant MLC
No.9015/97 was collected. The DD No.6A dated 02.07.1997 was received
at PS Paschim Vihar pursuant to which ASI Gurdeep Singh recorded the
statement of one Sh. Om Prakash wherein it was stated by Om Prakash
that he works as Cabin Man at Railway Station, Tangra. Some 20 years
back, he was married and had two daughters who had expired on
23.12.1989. His younger brother had also expired in an accident. He had left behind two children and wife. It was stated that the relatives Om Prakash had left his younger brother's wife at his house. The said lady had come to Delhi to meet her relative on 20.06.1997. She was 3 ½ months pragnent. She got herself operated from sister of one Doctor Balbir of Relief Camp, Peeragarhi, Delhi. Sh. Om Prakash referred said lady as his wife and stated that since her health was deteriorating, the said lady doctor called his sister-in-law Ms. Subhash Rani in order to take Ms. Kamlesh to Lady Harding Hospital. The said lady doctor and Subhash Rani took Kamlesh to Dr. Sharma at Gurgaon however, as Dr. Sharma was not available, some kind injunction was given to Ms. Kamlesh whereafter she was taken to Hindu Rao Hospital. The complainant Om Prakash was thereafter telephonically intimated. He and his brother came visiting them at HRH Hospital where they met Kamlesh who appeared to be alright. On 02.07.1997, he received telephonically information that said Kamlesh was expired. He stated to have got knowledge of facts and made a complaint that Ms. Kamlesh expired due to negligence of sister of Dr. Balbir.
On the basis of this statement, an FIR was registered for commission of offence under Section 304A IPC. During investigation, the investigating agency gathered some incriminating evidence against Sudesh Rani who was arrested in this case.
2. Charge sheet was filed in the court and after compliance of Section 207 Cr.P.C and aftter hearing parties, notice under Section 251 Cr.P.C was served accused on 18.04.2000 to which she pleaded not guilty and claimed trial.
3. The Prosecution had furnished a list as many as ten witnesses and has been successfully examining nine of them. Ms. Lilly who was named as prosecution witness could not be examined.
PW1 C.B.Dabas deposed that on 03.07.1997, he conducted the post-mortem examination on the body of deceased accused kamlesh brought by Ct. Virender of PS Paschim Vihar and proved his report as Ex.PW1/A. PW 2 Subhash Rani deposed that she was sister of Smt. Kamlesh (deceased )and she came from Punjab about 5-6 years ago. She was pregnant at that time. Her condition deteriorated. They took her to the Government Hospital. After eight day, she expired.
PW3 Ashok Kumar deposed that he was a rickshaw puller. Kamlesh (deceased ) was his sister. She came from Punjab. She was pregnant at that time. Her condition deteriorated and they took her to hospital. She expired about 8-10 days.
PW4 Subhash Chand deposed that he was a rickshaw puller. Kamlesh (deceased ) was his sister. She came from Punjab. She was pregnant at that time. Her condition deteriorated and they took her to hospital. She expired about 8-10 days.
PW5 HC Malkiat Singh deposed as a duty officer that on 02.10.97, he lodged FIR no.830/97 under Section 304A.
PW6 HC Virender Singh deposed that on 03.07.1997, one lady, namely, Kamlesh expired at Hindu Rao Hospital on 02.07.1997. So, he went to Hindu Rao Hospital and the body was removed to mortuary for post mortem. After post mortem, the body was handed by the IO to its claimant.
PW7 Om Prakash deposed that he was married in the year of 1976. His first wife expired on 23.12.1989. Later on his younger brother Surender expired and he has one boy and one girl and his wife was Kamlesh married to him. She came to Delhi on 20.06.1997 and at that time, she was pregnant for a period of 3 ½ months came to Delhi to meet relatives. She came to know on telephone that she was seriously ill and she came to Delhi and found that she expired. He inquired and came to know that his wiefe was aborted and Doctor gave her wrong injection and she expired due to negligency of Dr. Balbir. His wife was admitted in Hindu Rao Hospital. Police recorded his statement. During cross- examination by Ld. Ld. APP for the State, he admitted that his wife Kamlesh was aborted by sister of Dr. Balbir or when his wife's condition became serious that lady Doctor called his sister in law Subhash Rani and asked her to remove the patient to Lady Harding Hospital. He also admitted that his sister in law Subhash Rani along with that lady Doctor removed his wife to Dr. Sharma at Gurmandi and Dr. Sharma was not present there and thereafter, they gave an injection to his wife and went to HRH . He further deposed that he along with his brother went to HRH and met his wife and his wife disclosed all the story and that his wife expired due to negligence of sister of Doctor Balbir and he identified you being sister of Doctor Balbir and deposed that due to negligence of Sudesh Rani.
PW8 Dr. Surender Kumar deposed that Patient Kamlesh was brought by Subhash Rani on 22.06.1997 with alleged history of amenorrhea and he examined the patient and prepared MLC Ex.PW8/A and patient was referred to EMO Medicine and Gyncology for detailed examination.
PW9 SI Gurdeep Singh conducted investigation and collected documents regarding inquest of deceased and recorded statement of Om Prakash and got conducted the post mortem and on receipt of PM report, he prepared rukka Ex.PW9/A and site plan Ex.Pw9/B and arrested accused and recorded statement regarding identification of dead body Ex.PW9/C and D.
4. No other pw was examined . PE was closed vide order dated 30.11.07 of my Ld. Predecessor. Accused was examined u/s 313 cr.p.c on 10.12.09 wherein accused submits that she is innocent and has been falsely and wrongly implicated in this case. However, she denied to lead any evidence in defence.
5. I have heard Ld. APP for the State and Ld. Counsel for the accused. I have gone through the entire record carefully.
6.
Announced in the open (MANISH YADUVANSHI) Court on MM ( West)-05/NEW DELHI
It is certified that this judgment contains ......... pages and each page bears my signature.
(MANISH YADUVANSHI) MM ( West)-05/NEW DELHI