Dr. Arun Dewangan vs State of M.P. - 2006 Supreme(Online)(Chh) 50

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(Online)(Chh) 50

CHHATTISGARH HIGH COURT
Shri P.K. Tiwari, J
Dr. Arun Dewangan – Appellant
Versus
State of M.P. – Respondent

Advocates:
For the Appellants/Petitioners: Shri Koshtra
For the Respondents: Shri Ashish Shukla

Table of Content
1. summary of facts leading to medical negligence. (Para 1 , 2 , 3)
2. discussion on legal arguments presented by both sides. (Para 4)
3. court's observation on culpable homicide and negligence standards. (Para 5 , 6 , 7 , 8)
4. ratio decendi established based on legal precedents. (Para 9)
5. final ruling and its implications for the case. (Para 10 , 11)

1. This Criminal Revision is directed against an order dated 21-12-2005 passed by Smt. Rajni Dubey, 1st Addl. Sessions Judge, Rajnandgaon, District Rajnandgaon in Sessions Trial No. 100/2005 whereby charge under S.304, Part - II of the IPC was framed against the applicant.

2. Brief facts of the case as disclosed by the first information report lodged by Dhal Singh Chandel on 21-4-2005 at P. S. Chikhli, District Rajnandgaon are as follows:
Dhal Singh Chandel runs a medical stores in Chikhli. His wife Smt. Madhu alias Preeti Chandel had undergone a Caesarian operation about 5 years prior to the incident and was blessed with a daughter. On 28-3-2005 Smt. Madhu Chandel was having full term pregnancy again and was undergoing treatment of Gynaecologist Dr. Smt. Asha Thomas of Christian Fellowship Hospital. At about 9 a.m. on 28t