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