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M. S. KARNIK
Dilip Amonkar – Appellant
Versus
State of Goa – Respondent
| Table of Content |
|---|
| 1. factual background of medical negligence case. (Para 3 , 4 , 5 , 6) |
| 2. court's findings on evidence of negligence. (Para 8 , 9) |
| 3. arguments presented by the parties. (Para 10 , 11) |
| 4. standards of medical negligence liability. (Para 13 , 14 , 20) |
| 5. ruling to conclude the trial under section 258 cr.p.c. (Para 30 , 31 , 32) |
JUDGMENT/ORDER
1. The challenge in this petition is to an order dtd. 20/1/2023 passed by the learned Sessions Judge, South Goa at Margao in Criminal Revision Application No. 59 of 2022. The Revisional Court dismissed the revision fled by the petitioner/accused against the order passed by the trial Court on an application made by the accused under Sec. 258 of Code of Criminal Procedure ("Cr.P.C." for short).
2. The learned Judicial Magistrate, First Class at Vascoda-Gama, by the order dtd. 13/4/2022 kept the application for fnal disposal after examination of the material witnesses of the prosecution. It is against this order that the Criminal Revision Application was fled before the learned Sessions Court.
3. The facts of the case in brief are as under:-
The petitioner, a registered medical practitioner is the accused no.1. That on 1/7/2010, a girl age
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