Judgment :-

A.K. Sikri, J.

1. Leave granted.

2. The appellant herein, a renowned surgeon, stands convicted of the offence punishable under Section 338 r/w Section 109 of the Indian Penal Code, 1860 (hereinafter to be referred as the ‘I.P.C’). This conviction was delivered by the Additional Chief Metropolitan Magistrate, 47th Court, Esplanade, Mumbai, vide judgment and order dated 05.07.2011. The -appellant was sentenced to suffer simple imprisonment (SI) till the rising of the Court and to pay Rs. 50,000/- as and by way of compensation, in default to suffer simple imprisonment for 3 months. This conviction and sentence had been upheld by the ld. Additional Sessions Judge vide judgment dated 22.03.2012 and is also confirmed by the High Court of Judicature at Bombay by way of impugned judgment dated 15.10.2012. Still not satisfied, the appellant has challenged the judgment of the High Court, by way of present appeal.

3. To give a glimpse of the episode at the outset, we may mention that one Smt. Leela Singhi (hereinafter to be referred as the ‘patient’), wife of Shri Padamchandra Singhi, the complainant, was suffering from Cancer for which she was under medical treatment since the year 1