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Journalism of Courage
Medical negligence: Summons to 2 docsIn a case of medical negligence, the metropolitan magistrate at the Esplanade Court has directed two city doctors recently to appear before him after the wife of an air force officer accused them of wrongful operation on her husband leading to his death.
Metropolitan magistrate at the 23rd court P M Nerekar issued summons on Dr N H Banka and Dr P B Desai and directed them to appear before the court on August 27, 1998. The complaint was filed at the magistrate8217;s court by Jyoti in January 1997 when her husband K W Raghunath was alive. Raghunath, who was suffering from a stomach ailments, was referred by his family physician to Dr Banka, a consulting gastroenterologist. After a check up, including endoscopic evaluation and multiple biopsies, Dr Banka gave his report in which he had stated that Raghunath was suffering from stomach cancer and suggested that surgery be carried out, according to the complaint. He was admitted to Bombay Hospital and operated upon bycancer surgeon Dr Desai and his team on April 25, 1996 and thereafter advised periodical chemotherapy.
However, Raghunath8217;s condition deteriorated further. It was later found that the operation performed by Dr Desai was exploratory laprotomy and not removal of the malignant part which the complainants thought was to be performed.
Jyoti in her complaint further states that had the said operation not been performed her husband would have remained alive for a longer time. On the basis of the above allegations a complaint was filed before the Metropolitan Magistrate and after recording verification statement of Jyoti, the magistrate directed Jyoti to examine any one of the three doctors namely Dr Singhi, Dr Mukherjee and Dr Mehta whose statements were recorded by the magistrate on May 14, 1997. After recording the statement of Dr Mehta, the magistrate on July 19, 1997 directed the issuance of show cause notices to Dr Banka and Dr Desai to explain as to why process against them should not be issued asprayed by the complainant. Youth gets rigorous life imprisonmentn ADDITIONAL sessions judge T Y Hiwrale recently sentenced a youth to rigorous life imprisonment for killing his friend8217;s uncle in Mulund on New Years Day in 1994.
The accused Devdas alias Harishchandra Mahale then 20, the deceased Shankar Raghav Tare, his nephew Sunil Tare then 18 were neighbours in Sapadevi Pada, Mulund W.
On December 31, 1993, the three got into an argument over accidentally touching a girl passing by, according to the investigating officer police sub inspector B B Ghuge now attached to Sakinaka police station.
Police stated that the matter continued even the next day when Devdas made several allegations against Sunil. The same evening, Sunil and his uncle Shankar confronted Devdas did not want to create a scene in front of his house, he took the trio some distance away from his house. He then whipped out a knife and stabbed both Shankar and Sunil several times. While Shankar succumbed to his injuries, Sunilsurvived the attack. Devdas was sentenced to rigorous life imprisonment.
Wife set afire: Trader gets prison term
In another case, additional sessions judge J W Singh sentenced a property dealer to life imprisonment recently for killing his wife three years ago.
Special Public Prosecutor V R Patil said the accused Sunil Yadav had married a waitress Kavita. The couple stayed at a room in Antop Hill which Kavita had occupied before marriage. Four months later on February 3, 1995, Kavita demanded that Yadav pay for the maintenance of the room which he refused sparking off a quarrel when he poured kerosene on his wife and set her on fire. Neighbours took Kavita with burn injuries to the nearest police chowki and from there to Sion hospital. A constable recorded her dying declaration in which Kavita stated was set on fire by her husband. A special executive magistrate was also summoned and a dying declaration recorded. The dying declaration was treated as a first information report by thepolice.
Kavita died a few days later and Yadav was arrested. The judge considered Kavita8217;s dying declaration corroborated by her FIR as well as the medical evidence and found the accused guilty.
50-year-old acquitted in double murder
The sessions court recently acquitted a 50-year-old man accused of murdering his wife and son two years ago for lack of direct evidence. Qutbuddin Dawood Solkar was charged with the murder of his wife Hayatbi 40 and son Dildar 25 in his residence at 101-A, Blessing Apartments in Versova. After a call on July 25, 1996, the DN Nagar police went to Blessing Apts and found the two dead after breaking open the door. The accused was seen at the ground floor along with other residents of the building. He was subsequently arrested.
The prosecution made their case entirely based on circumstances as there was no eyewitnesses to the double murder and maintained that the accused at times used to assault his wife and son. Solkar8217;s advocate said that his client neverilltreated his wife and son and that there was no question of murdering them. Additional sessions judge P M Joshi after hearing the submissions by both sides observed that there is no direct evidence in the present matter.
He further stated that the circumstantial evidence did not conclusively prove that the accused was guilty.
