JUDGMENT

This Criminal Appeal has been filed by the Appellants / A1 & A2 seeking to call for the entire records and set aside the Judgment of conviction and sentence passed by the learned Principal Sessions Judge, Salem in S.C.No.200 of 2013, dated 06.01.2015.

2.The case of the prosecution is that the 1st accused was running a hospital in the name of Rasak Hospital in Udayarpalayam, within the jurisdiction of Tammampatti Police Station. The victim / deceased Raju had gone to the 1st accused hospital for piles treatment and that the 1st accused had demanded a sum of Rs.7,000/- from him for piles treatment and had received a sum of Rs.6,500/- and asked him to come to the hospital in the evening at 6.00 p.m. On 19.03.2012, when the victim / deceased Raju had gone to the 1st accused hospital at 6.00 p.m., he had given two injections in both the hands of the victim / deceased Raju and thereafter after giving treatment to the other patients had performed piles surgery for the victim / deceased Raju at 9.00 p.m., with the help of the 2nd and 3rd accused. Due to improper surgery conducted, the condition of the victim / deceased Raju became serious and thereafter, around 10.30 p.m., the 1st accused had taken the victim / deceased Raju in a Scorpio car bearing Registration No.TN 32 R 4432 owned by him to Deepam Hospital at Valappady. The Doctors who examined the victim / deceased had informed that the victim /deceased had died 1½ hours earlier. Since, the 1st accused without requisite qualification had practiced Allopathy Medicine and conducted improper surgery knowing fully well it is likely to cause death and due to the surgery, the victim / deceased suffered complication of perianal surgery resulting in the death of the victim / deceased and thereby, the appellant / A1 was charged for offence under Section 304 (II) IPC and under Section 15 (2) & (3) of the Indian Medical Council Act. A2 and A3 were charged for offences under Section 304 (II) IPC read with Section 34 IPC for having assisted A1 in the surgery.

3.The final report was filed before the learned Judicial Magistrate No.II, Attur and the learned Magistrate finding that the case was triable by the Court of Sessions, after furnishing the documents under Section 207 Cr.P.C., committed the case to the Principal Sessions Court, Salem, for trial.

4.The trial Court after examining the documents and hearing both sides framed charges against the 1st accused for offence under Sections 304 (II) IPC and Section 15 (2) & (3) of the Indian Medical Council Act and against the 2nd and 3rd accused for offence under Section 304 (II) IPC read with Section 34 IPC and the charges were explained to them and they were questioned. The accused denied the charges and the case was posted for trial.

5.In order to establish the case of the prosecution, the prosecution examined 17 witnesses as P.W.1 to P.W.17 and marked 12 documents as Ex.P1 to Ex.P12 and no material objects were marked.

6.When the accused were questioned, with regard to the incriminating materials found the 1st accused had given written submission denying having performed surgery and that the allegations were false. A1 had also submitted that he is an enlisted Siddha Medical Practitioner and submitted the certificate issued to him by the Tamil Nadu Siddha Medical Council.

However, no witnesses were examined on the side of the defence.

7.The trial Court after hearing the arguments of the counsels found the 1st and 2nd appellants / accused guilty and acquitted the 3rd accused. The 1st appellant / accused was found guilty for offence under Sections 304(II) IPC and Section 15 (2) & (3) of the Indian Medical Council Act and convicted him and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs.5,000/- in default of paying the fine amount, to undergo one year rigorous imprisonment for offence under Section 304 (II) IPC and was sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.1,000/- in default of p