G. JAYACHANDRAN, J.

1. These three revision petitions are preferred by Dr.Nelson Jesudasan, Dr.J.Christopher Thomas and Dr. B.Ashok who were tried as accused for offence under section 338 of IPC and found guilty by the trial court and confirmed by the appellate court.

2. Before adverting to the controverted facts and grounds of revision, a brief extract of admitted facts is required for easy appreciation.

3. Joseph Eye Hospital, Tirchy was established in the year 1934 under the aegis of Tamil Evangelical Lutheran Church, a registered society formed with object of imparting education and to render medical care. The Eye Hospital is administered by the Medical Board constituted as per the memorandum of Association.

4. On 29/07/2008 between 7.00 7.30 am to 3.30 pm, cataract surgery was performed to 66 patients at Joseph Eye Hospital, Perambalur a unit of Joseph Eye Hospital, Tiruchy. On that night, most of the patients complaint about excruciating pain in the operated eye, nausea and giddiness. Next day, they were given treatment and 29 of them admitted in the Tiruchy hospital. 61 of them lost their vision of the operated eye, 5 partially lost vision of their operated eye.

5. Public went on agitation seeking compensation and action against the hospital management. A public interest litigation was file in the High Court, Madras. The district collector ordered enquiry by a team of experts. The High court in the writ petition ordered CBI to investigate.

6. CBI registered case against several persons such as the doctors who conducted the cataract surgery, anasthesitian, persons who were incharge of the management of the hospital, officials of Perambalur District Blind Control Society and unknown Public Servants.

7. After completing the investigation, CBI filed final report against following 7 persons for offences under section 37 r/w 325 IPC.

(a) Dr.Nelson Jesudasan, the Director and Medical Superintendent of Joseph Eye Hospital, Tiruchy

(b) Dr.K.Avvai, Senior Associate Director of Joseph Eye Hospital, Tiruchy.

(c) J.Christopher Thomas, the Chief Administrative Officer of Joseph Eye Hospital, Tiruchy.

(d) Dr.B.Ashok, In-charge Medical Officer, Joseph Eye Hospital, Perambalur.

(e) Dr.M.Saujanya, Medical Officer, Joseph Eye Hospital, Tiruchy.

(f) Dr.Thendral Ponnudurai, Medical Officer, Joseph Eye Hospital, Perambalur.

(g) D.Andrews, Opthalmic Technician at Joseph Eye Hospital, Perambalur.

8. The Chief Judicial Magistrate after perusing the final report and the documents relied by the prosecution, heard thee prosecutor before framing charge and found that there is no material to prima facie show existence of mens rea or motive to the accused to voluntarily and intentionally to cause grievous hurt. Material only disclose prima facie case for offence under section 338 of IPC. The prosecution challenging for the framing of charge under section 338 IPC instead of Section 37 r/w 325 IPC preferred revision petition before the III Additional District Court, Tiruchy. The district court dismissed the revision petition preferred by the CBI. Holding that framing of charge under section 338 IPC does not warrant any interference.

9. The accused were tried before the Chief Judicial Magistrate, Tiruchy. Prosecution examined 33 witnesses. 85 documents were marked as exhibits P-1 to P-85. On the side of the defence 5 exhibits were marked as Ex D-1 to D-5. An album consisting of 22 photo's were marked as M.O.1 series.

10. The trial court after considering the evidence before it, held A-1, A-3 and A-4 guilty of offence under section 338 IPC. Convicted and sentenced to undergo one year Simple Imprisonment and to pay a total sum of Rs 2,75,19,620/- as compensation to the victims as mentioned in the schedule of the judgment. Rest of the accused A-2, A-5 to A-7 were not found guilty of the charge and acquitted.

11. Certain directions were also given to the authorit