( 1 ) CRIMINAL Appeal No. 1071 of 1981 is filed by the State of gujarat for enhancement of sentence imposed by the learned Judicial Magistrate, first Class, Mundra on accused No. 2 in Criminal Case No. 94 of 1980. Criminal Appeal No. 1188 of 1981 is transferred from the Court of Sessions to this Court in view of the enhancement appeal filed by the State being the appeal filed by the accused-respondent against the order of conviction of simple imprisonment for seven days and a fine of Rs. 1000 and in default simple imprisonment for one month on she being found guilty under Sec. 304a of Indian Penal Code.

( 2 ) HEARD learned A. P. P. Shri S. P. Dave for the State and learned counsel Mr. A. D. Shah for the respondent accused No. 2. Before adverting to diverse contentions raised by the parties in this appeal challenging the conviction and asking for enhancement, it will be relevant to refer to the facts of the case. The case has arisen from an unfortunate incident which took place in village Mundra, District Kutch in the morning at about 8- 00 to 9-30 a. m. on 25-9-1979. Respondent accused No. 2 is a qualified doctor practicing at Mundra. Deceased Ranjanbala went to the clinic