IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
DR.K.K.GOVINDAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenges order framing section 304a ipc charges for medical negligence. (Para 1 , 2 , 3) |
| 2. prosecution alleges negligence; defense disputes via records. (Para 4 , 5 , 6) |
| 3. factual disputes require trial; discharge not allowed. (Para 7 , 8) |
O R D E R
The order dated 21.03.2019 of the Additional Assistant Sessions Court, Palakkad in S.C No.778/2016 framing charges against the accused in the said case for the commission of offence under Sections 304A I.P.C, and forwarding the case to the Judicial First Class Magistrate Court-III, Palakkad under Section 228 Cr.P.C for trial, is under challenge in this revision petition filed by the accused in that case.
2. The petitioner herein is an Anesthetist Doctor, who had been working in a private hospital by name Palghat Poly Clinic. A 23 year old lady, who delivered a baby on 11.09.2014, had undergone Post Partem Sterilization (PPS) surgery in that hospital on 13.09.2014. The petitioner was the Anesthetist, who attended her during that time. After the surgery performed in between 6:30 p.m and 8:40 p.m on 13.09.2014, the above lady died due to peripartum cardiomyopathy caused as a result of primary pulmonary hypertension. Ini
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