ORDER

The appellant herein filed a criminal complaint before the Judicial Magistrate, First Class, Cherthala alleging that the respondent who is a Gynaecologist attached to the private hospital at Cherthala had shown medical negligence of such a degree and thereby the appellant s wife died on 8th December, 1995. The appellant s wife was pregnant and he consulted the first respondent from the seventh month of pregnancy and on 4th December, 1995 appellant s wife was admitted in the first respondent s hospital for the delivery of the child. On 5th December, 1995 with medical intervention of first respondent she delivered a dead child and there was profuse bleeding. She was under the continued treatment of the first respondent. On 8th December, 1995 she died. The appellant alleged that in spite of repeated request to take his wife to the medical college hospital, the first respondent told him that the patient has no problem and everything would be alright within short time. The appellant filed a complaint before the police and after investigation the police filed a report. Thereafter, the appellant filed a criminal complaint before the Magistrate. Apart from the statement given by the c