* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Reserved on: 08thAugust, 2025

Pronounced on: 26th November, 2025

+ CRL.A.1157/2025

THE STATE

Govt. of NCT of Delhi

Through its Standing Counsel (Crl.) .....Petitioner

Through: Mr. Utkarsh, APP for the State with SI Amit Bhardwaj, P.S. Najafgarh.

versus

1. INDER SINGH

S/o Karam Singh

R/o Lot No.1 & 2, Vinobha Enclave,

Near CRPF Camp, Jharoda Kalan,

Najafgarh, Delhi.

2. JAGJEET KAUR

W/o Inder Singh

R/o Lot No.1 & 2, Vinobha Enclave,

Near CRPF Camp, Jharoda Kalan,

Najafgarh, Delhi.

3. SHIVRAJ

S/o Yugraj

R/o 662A, Gaushala Road,

Najafgarh, Delhi.

4. DR. VANDANA SINGH

W/o Sh. Gyan Pratap Sisodia

R/o H. No.286, Sector-6,

Bahadurgarh, Haryana. .....Respondents

Through: Mr. Dharam Raj Ohlan, Mr. Krishan Kant Kaushik, Mr. ParovOhlan, Mr.Ritesh and Mr. Mohit, Advocates for R-2 &R-3.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Criminal Appeal under Section 378(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) has been filed on behalf of the Petitioner/State challenging the Order dated 16.01.2020 learned CMM, Delhi, whereby the Respondents have been acquitted under Section 304A of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and Sections 13(4A)/15(3) of the Indian Medical Council Act, 1956 (hereinafter referred to as “IMC Act”) in FIR No.804/2005 registered at P.S. Najafgarh, Delhi.

2. The case of the Prosecution is that Complainant/Satish Kumar filed a Complaint wherein he stated that on 12.08.2005, he took his pregnant wife Smt. Reeta (‘the deceased’) to nearby Delhi Clinic, where she gave birth to a daughter at about 02:30 PM. She remained admitted in the Clinic for about one hour and during this period, Respondent No.1/Dr. Inder Singh (since deceased) and his wife, Respondent No.2/Ms. Jagjeet Kaur continued some treatment on her and when her condition got serious, Dr. Inder Singh, on his own, at about 04:00 PM, shifted her along with Glucose bottle, to Gobhania Nirog Dham Hospital (‘Gobhania Hospital’). There she was kept under observations of Respondent No.3/Dr. Shivraj (since deceased) for about 1.5 hours. Dr. Inder Singh remained present there throughout this period.

3. On the same day, at about 05:45 PM, the Complainant was informed by Gobhania Hospital that his wife’s condition is not well and it as not improving. Dr. Shivraj along with the Complainant, one Driver, an Employee of Gobhania Hospital and Complainant’s Mother, took his Smt. Reeta to DDU Hospital. On reaching the Emergency of DDU Hospital at about 06:30 PM, Doctors declared Smt. Reeta, as brought dead. The Complainant brought his wife to his house and informed the Police and on his statement, FIR was registered.

4. On 13.08.2005, the body of the deceased was shifted to mortuary of DDU Hospital to conduct the post-mortem. On the same day, the statements of Dr. Shivraj, Dr. Vandana, Mr. Ashok Kumar and Mr. Deepak Sharma, Dr. Inder Singh, Dr. Jagjeet Kaur and relatives of the deceased, i.e. her mother, mother-in-law and uncle were recorded by IO/SI Balwan Singh. During the inquiry, Certificates of Registration and Degrees of the Respondents, were collected.

5. On the request of SI Sandeep Sharma, a Medical Board for post-mortem of the deceased was constituted. The post-mortem was conducted on 17.08.2005. However, before giving the final opinion, the Board of Doctors sought certain information from the IO.

6. Thereafter, the Board of Doctors gave its ‘subsequent opinion’ on 31.08.2005 (comprising of Dr. SK Khanna, Dr. MK Wahi and Dr. S. Daka) and suggested to obtain an opinion of specialist in Obstetrics and Gynaecology in regard to the negligence of doctors.

7. Another Medical Board, headed by Dr. S. Batra (included Dr. U. Manaktala and Dr. Rewa Tripathi) was constituted, who gave detailed Report on 28.10.2005, wherein it was opined that the doctors at both the Hos