Papers by ASHWIN BHARAT SINGH
opined that she was inoperable and should be treated only with medication. Thereafter the complai... more opined that she was inoperable and should be treated only with medication. Thereafter the complainant and his wife consulted the respondent, who is a consulting surgeon practising for the last 40 years. In spite of being made aware of Dr Greenberg's opinion, the respondent suggested surgery to remove the uterus. It is the case of the prosecution that the complainant and his wife agreed to the operation on the condition that it would be performed by the respondent. It is the case of the prosecution that on 22-12-1987 one Dr A.K. Mukherjee operated on the complainant's wife. It is the case of the prosecution that when the stomach was opened ascetic fluids oozed out of the abdomen. It is the case of the prosecution that Dr A.K. Mukherjee contacted the respondent who advised closing up the stomach. It is the case of the prosecution that Dr A.K. Mukherjee accordingly closed the stomach and this resulted in intestinal fistula. It is the case of the prosecution that whenever the complainant's wife ate or drank the same would come out of the wound. It is the case of the prosecution that the complainant's wife required 20/25 dressings a day for more than 3 1/2 months in the hospital and thereafter till her death. It is the case of the prosecution that the complainant's wife suffered terrible physical torture and mental agony. It is the case of the prosecution that the respondent did not once examine the complainant's wife after the operation. It is the case of the prosecution that the respondent claimed that the complainant's wife was not his patient. It is the case of the prosecution that the bill sent by Bombay Hospital belied the respondent's case that the complainant's wife was not his patient. The bill sent by Bombay Hospital showed the fees charged by the respondent. It is the case of the prosecution that the Maharashtra Medical Council has, in an inquiry, held the respondent guilty of negligence and strictly warned him. 5. On a complaint by the complainant a case under Section 338 read with Sections 109 and 114 of the Indian Penal Code was registered against the respondent and Dr A.K. Mukherjee. Process was issued by the Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai. The respondent challenged the issue of process and carried the challenge right up to this Court. The special leave petitions filed by the respondent were dismissed by this Court on 8-7-1996. This Court directed the respondent to face trial. We are told that evidence of six witnesses, including that of the complainant and the investigating officer, has been recorded. 6. On 29-6-1998 the prosecution made an application to examine Dr Greenberg through video-conferencing. The trial court allowed that application on 16-8-1999. The respondent challenged that order in the High Court. The High Court has by the impugned order allowed the criminal application filed by the respondent. Hence these two appeals.
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Papers by ASHWIN BHARAT SINGH