The main legal point established in the judgment is the requirement of expert medical opinion in cases of alleged medical negligence and the need for a high degree of negligence to establish criminal liability. The judgment also emphasized the necessity of sanction from the State Government for prosecuting public servants for alleged negligence in the discharge of their official duties.

KARAMJIT SINGH, J.

1. By this common judgment, two petitions bearing CRR-122-2018; Dr. Anil Kumar v. State of Haryana and CRR-4892-2017; Kamlesh v. State of Haryana shall be decided as both these petitions relate to same subject matter and relief sought in both the petitions is also the same. Facts are being taken from CRR-122-2018.

2. CRR-122-2018 has been filed by Dr. Anil Kumar while CRR- 4892-2017 is filed by Kamlesh against judgment dated 15.12.2017 passed by Court of Additional Sessions Judge, Narnaul whereby the criminal appeals filed by the petitioners against the judgment and order dated 20.7.2016 passed by the Court of Judicial Magistrate, 1st Class, Mahendergarh wherein the petitioners were convicted and sentenced to imprisonment for a period of 2 years and to pay compensation of Rs. 20,000/- each to complainant-Dharambir under Section 304A IPC, were dismissed

3. The brief facts of the case are that a complaint dated 22.7.2011 was received in Police Station Kanina through the office of DSP Narnaul wherein complainant Dharambir alleged that his wife Monika was admitted in CHC Kanina on 17.1.2011, as she was having labour pain and she gave birth to a female child in the said hospital on the same day. That the staff of the hospital demanded Rs. 500/- from him on the birth of child and declined to accept Rs. 100/- offered by the complainant to them. Lateron the complainant managed to arrange Rs. 500/- and handed over the same to petitioner Kamlesh Kumari who was working as a nurse in the said hospital. After sometime the condition of Monika started deteriorating on account of excessive bleeding. The complainant tried to call petitioner Kamlesh Kumari on which she replied that bleeding usually happens in such like cases and would stop after sometime and she did not check the patient even on the request made by the complainant. Thereafter, the condition of the wife of complainant further worsened, on which the complainant went to call the doctor on duty i.e. petitioner Anil Kumar but he also did not pay any heed to the request made by the complainant and rather the said doctor scolded the complainant and asked him not to enter the ward. On this complainant again went back to his wife and found that her clothes and bed were smeared with blood and her tongue was protruding out and eyes were caved in. Thereafter, petitioner Kamlesh Kumari reached there and directed the complainant to bring injection but by the time the complainant brought the said injection from medical store, his wife had already expired. In the meantime, the hospital staff had already changed the blood stained clothes of his wife and she was referred to General Hospital Narnaul. The ambulance which was deputed to take his wife to Narnaul was having no medical facility and even no doctor or nurse accompanied the patient who appears to have died. On reaching the aforesaid hospital at Narnaul, Monika was declared brought dead by the concerned doctor. The complainant lodged complaint regarding medical negligence of Dr. Anil Kumar and concerned nurses namely Kamlesh Kumari and Raj Kumari in Police Station Kanina on 18.1.2011 but no action was initiated by the police officials. In the meantime, Dr. Anil Kumar started extending threats to the complainant and proclaimed that the complainant would not be able to do anything as the police is supporting the hospital staff. Subsequently on the basis of said complaint, FIR was registered under Section 304-A read with Section 34 IPC against Dr. Anil Kumar, Kamlesh Kumari and Raj Kumari. During investigation both the petitioners were arrested but were released on bail. However, Raj Kumari was found innocent and on completion of investigation, the police presented challan against Dr. Anil Kumar and Kamlesh Kumari.

4. A prima facie case under Section 304-A read with Section 34 IPC being made out against both the petitioners, charges were framed to which they had not pleaded guilty and claimed trial.

5. In order to prove its cas