ORDER

A crime was registered by Karunagappally police against the petitioner alleging offence under Section 304 r/w 34 IPC. After investigation, the charge sheet was laid against the accused/petitioner alleging offence under Section 304-A IPC. One Shakeela, aged 23 years, was admitted in the hospital. The allegation is that due to lack of proper treatment, the condition of Smt. Shakeela who was pregnant became worsened. The petitioner did not provide expert treatment to the patient and it resulted in the death of the child in the womb at 04:00 a.m. on 3.5.2006. Excess dose of Pitocin injuction was given to the patient which resulted in amniotic fluid embolism and as a consequence where of Shakeela later breathed her last. Therefore, according to the prosecution the petitioner, the doctor, who attended the patient is guilty of culpable negligence as she had not taken reasonable care as was expected of a reasonable and prudent doctor and hence she has committed offence under Section 304-A IPC.

2. The petitioner contends that there was absolutely no negligence or recklessness on her part. The deceased had a normal vaginal delivery 4 years back and her expected date of confinement was 03