Abstract

Criminal case against alleged accused should be proved beyond reasonable doubt to get conviction order. Quality of Investigation i.e. why is very relevant for successful criminal prosecution and conviction of alleged accused, benefit of doubt always goes in favour of alleged accused.

Criminal medical negligence cases are highly technical in nature, hence special training of Investigation Officer is very relevant for success of criminal prosecution. Alleged history of case, Viscera Examination Report, PM Examination Report, Medical Board Opinion, Examination of relevant Witnesses are some of the important prosecution evidence (PE) in an alleged criminal medical negligence cases.

Role of Investigation Officer (I.O.) is very important for successful prosecution of doctor in alleged criminal medical negligence cases.

On 18.06.2004 (Friday) at about 7.00 pm, he (Siya Ram) got ill and went to Dr. Prem Mehtani (accused), Registration No. 7538, BAMS, Clinic – 89, Shri Ram Market, Jwala Nagar, Shahdara, Delhi-32, for treatment.

The doctor (accused) administered him an injection due to which he suffered swelling in his left hand. Thereafter, Siya Ram again went to doctor (accused). The accused provided him the medicine due to which he (Siya Ram) kept on sleeping the whole day. [Para 2]

On 20.06.2004, Siya Ram was again taken to accused who took him to one Deepak Jain, D-106, Vivek Vihar. Thereafter, condition of Siya Ram deteriorated. Accused himself took Siya Ram in an ambulance and rushed him to Medical (AIIMS) Hospital and accused went away from there.

From Medical, the patient was referred to Safdarjung Hospital where in the intervening night of 20 and 21 after about 2.00 am, Siya Ram expired. The complainant side was sure that Siya Ram had died on account of negligence and not providing proper treatment by the accused.

Complainant requested for legal action against accused. Upon complaint of complainant, FIR was registered. Accused was arrested and later on released on bail.

In view of trial, CJM, hold that since prosecution has not been able to establish its case against the accused beyond reasonable doubts as no material has come up against him, which is incriminating in nature because complainant could not be examined in the present matter, hence, accused Prem Mehtani is acquitted of the offence u/s 304-A IPC.