IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No.80 of 2008 Decided on: March 20, 2008. State of Himachal Pradesh …Petitioner. VERSUS Rajesh Kashyap ….Respondent. Coram The Hon’ble Mr.Justice Kuldip Singh, Judge. Whether approved for reporting?1No For the Petitioner : Mr A.K.Bansal, Addl.A.G. For the respondent : Kuldip Singh, Judge (Oral) The State has filed this petition seeking leave to file appeal against the judgment dated 16.11.2007 passed by learned Sessions Judge, Shimla in case No.89/2 of 05/2K setting aside conviction and sentence recorded by learned Judicial Magistrate 1st Class(2), Shimla in Criminal case No.89-2 of 2005/2000 vide judgment dated 26/30.3.2007 under Sections304-A I.P.C. 2. The facts, in brief, are that PW-1 Joginder Singh submitted an application Ext.PW-1/A to Superintendent of Police, Shimla that his wife Smt.Soma Devi was taken ill after delivering female child on 19.8.1998 and was admitted in Kamla Nehru Hospital, Shimla. On 27.8.1998, she was referred to Snowdon Hospital and several tests were got conducted. On 28.8.1998 Dr.Patial Whether the reporters of the local papers may be allowed to see the judgment? Yes …2… recommended one Paluther injection which was not available at Shimla. On 28.8.1998 in the evening K.D.Sharma, Public Prosecutor came to the hospital to see his wife and the complainant gave chit to him. On 29.8.1998 K.D.Sharma, Bhandari Ram and Dina Nath brought the injection which was procured by them from Delhi. Sharmaji asked respondent to inject the injection to his ailing wife but he refused to give the injection by saying that injection will be given by the person who had written it. Sharmaji made repeated requests to respondent for giving injection but the respondent refused to inject the medicine to his ailing wife. The respondent gave beatings to Sharmaji who was rescued by Bhandari Ram, Dina Nath and Kali Charan. The injection was injected at about 11 O’clock by Dr.Patial to his wife but by that time it was too late and his wife died at about 3.15 p.m. as the injection was not given to her well in time. On this, F.I.R. Ext.PW-4/A was registered under Sections 304-A, 346, 506 IPC. The trial Magistrate convicted the respondent under Section 304-A IPC and sentenced him to suffer simple imprisonment for three months and fine of Rs.1000, in default of payment of fine, the respondent was directed to further suffer simple imprisonment for one month. The respondent filed the appeal against his conviction and sentence. The learned Sessions Judge acquitted the respondent, hence, this petition. 3. Heard learned Additional Advocate General for the State and gone through the record. It has come on record that the respondent was asked to inject medicine to Soma Devi on 28.8.1998 by some attendant of the patient. The prescription slip Mark-A is not …3… signed by Dr.Patial. The respondent was Post Graduate student and not the In-charge of the Ward or the patient. He was to act under the Registrar of the Ward or In-charge of the Department i.e. Dr.R.K.Patial. In Para-35 of the impugned judgment, the learned Sessions Judge has observed that the respondent could have injected the medicine only on prescription of Dr.Patial or by any other senior but there is no such prescription on the treatment file of Soma Devi. Dr.Rajiv Raina was the Registrar of the Ward at that time who has admitted that there was no negligence on the part of the respondent. Dr.Patial has also stated that the respondent could not have injected the medicine to the patient because it had not been prescribed. PW-1 husband of the deceased himself has admitted in the cross examination that the respondent cannot be held responsible for the death of his wife. The prosecution has failed to prove the negligence on the part of the respondent for causing the death of Soma Devi. The learned Sessions Judge has correctly appreciated the material on record and has drawn proper inference. No case has been made out for grant of leave to file appeal against the impugned judgment. Hence, leave to appeal refused and the petition is dismissed. March 20, 2008 ( Kuldip Singh ), J. (soni)