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 aged 17 years was admitted at the Pai Hospital, Vasco complaining severe abdomen pain. Dr. S. R. Pai was the director and chairperson of the Pai Hospital at Vasco-da-Gama. Since this was an emergency case, the petitioner went to Pai hospital in the early morning of 3/7/2010 and upon clinically examining the patient and fnding that she was having acute appendicitis, conducted a surgical operation, in the course of which the appendix was removed.

4. On 5/7/2010, the patient was discharged from the hospital. On 9/7/2010, the patient was readmitted by her mother at Pai Hospital when she was treated by Dr. Shantaram Surme (accused no.2) and Dr. Shridhar Pai. Since she was showing signs of distress, the petitioner was called. The petitioner suggested that she be immediately shifted and admitted to Goa Medical College Hospital ("GMCH" for short). The patient came to be shifted and admitted in the GMCH at 7.30 p.m on 10/7/2010. The patient was treated in the unit of GMCH of which Dr. Patil was in charge as the unit head. The patient was operated on 11/7/2010 and was thereafter admitted to ward no.106. The patient developed complications on 15/7/2010 when she was still at GMCH. Unfortunately, the patient died on 29/7/2010 at the GMCH. The case pertaining to her death was registered as Medico-legal case on 29/7/2010 on the recommendation of the petitioner in his capacity as the head of the surgery department of GMCH which was registered at Vasco Police Station as an unnatural death under Sec. 174 of the Cr.P.C. The post-mortem was conducted on 30/7/2010.

5. The victim's sister, in her complaint dtd. 2/8/2010 alleged that the death was on account of medical negligence. Pursuant thereto, the Government of Goa conducted an inquiry. A committee was asked to inquire into the incident of death. The statements of the petitioner and other doctors came to be recorded. The Report submitted by the committee was produced by the victim's father before the police. A case was registered as crime no. 193/2011 against the petitioner as accused no.1 and against accused nos.2 and 3 under Sec. 304, 468, 471, 201 read with 34 of the IPC. The chargesheet came to be fled in the Children's Court for the State of Goa which was registered as Special Case No. 63/2012.

6. Criminal Writ Petition fled by the petitioner in this Court was partly allowed. This Court quashed and set aside the applicability of the provisions of Sec. 8(2) read with Sec. 2(m) (ii) of the CHILDREN ACT of 2003. Thereafter the chargesheet was transferred to the Sessions Court, South Goa at Margao and re-numbered as Sessions Case No. 40/2006. The arguments before charge were heard on 1/6/2017. The learned Additional Sessions Judge, South Goa, at Margao quashed and set aside the applicability of Ss. 304, 468, 471, and 201 o