Dr. Sou Jayshree Ujwal Ingole vs State of Maharashtra - Supreme Court
Dr. Sou Jayshree Ujwal Ingole vs State of Maharashtra - Supreme Court Important Judgment 2017 -
On 6th April, 2017, in the case of Dr. Sou Jayshree Ujwal Ingole v. State of Maharashtra and Anr. [Criminal Appeal No. 636 of 2017], the appellant- Surgeon, after having called for a Physician, did not wait in the hospital for the Physician to turn up and left the patient, who was suffering from Haemophilia, and thereafter the patient died. Question arose for consideration as to whether the inaction of the appellant amounted to a rash and negligent act on her behalf. In the facts and circumstances of the case, the Supreme Court observed that though the appellant “did not wait for the Physician to come, but it can be assumed that she would have expected that the Physician would come soon. This may be an error in judgment but is definitely not a rash and negligent act contemplated under Section 304-A IPC.” Accordingly, it was held that the appellant was not “guilty of criminal negligence” and “no case of committing a rash and negligent act contemplated under Section 304-A IPC” was made out against her.