JUDGMENT :

BHARATI DANGRE, J.

1. On 18/10/1994, the Metropolitan Magistrate, 15th Court, Mazgaon, Bombay, pronounced upon the complaint fled under Section 304-A of IPC, by one Nagindas Parekh against Dr. Anil Pinto, accusing him of rash and negligent act resulting in death of his son Prakash on 20/02/1984.

On conclusion of the trial and based on the evidence placed before him, the Magistrate, in the impugned Judgment, rendered a finding that the accused/Dr. Pinto has been culpably negligent and the rash and negligent act on his part, is manifest upon the sequence of events, leading to the death of a young and otherwise a healthy man, who but for the Procedure undertaken by Dr. Pinto, would be alive. The conclusion and inference is also drawn that the surgical process carried out by Dr. Pinto was not at all necessary.

While imposing the sentence on recording the finding of guilt under Section 304A, taking note of the immense services rendered by the accused, a medical professional and at the same time trying to balance the agony of the near relatives of the deceased because of the negligence and rashness attributed to him, a deterrent fine of Rs. 5,000/- was imposed as a penalty and in