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Casual behavior of the Doctor may lead to fatal consequences

 Dr. Biswa Mohan Misra v. State of Orissa

Crl MC No.1002/2017 Before High Court of Orissa at Cuttack

Petition U/s 482 Cr PC was dismissed by Hon’ble Mr. Justice G Satapathy J

On 14.08.2023

Facts

Madhusmita Sahoo, the deceased was admitted on 01.07.09 at 6 PM in medicine Ward of Bhubaneswar Municipal Corporation Hospital at Old Town Bhubneshwar where she was under the treatment of the Dr. Biswa Mohan Misra. The deceased was having low haemoglobin and her condition was getting worse her uncle requested the petitioner and staff of BMC Hospital to give her blood transfusion immediately for her treatment. Petitioner’s Uncle was informed that blood will be given on 02.07.2009. At about 11 PM her condition deteriorated, Dr. Sujata was on night duty in the hospital also called the petitioner - Doctor several times but petitioner Doctor didn’t responded instead suggested to contact B N Das Mohapatra, Surgery Specialist to attend the patient. Dr. Mohapatra on receiving the request assured the uncle of the deceased that he will direct the petitioner to attend the patient immediately but the patient died in all this process.

To manage the situation the Dr. Sujata shifted the patient with Oxygen support to another hospital where it was declared that she is brought dead.

On 02.07.2009 Uncle of the deceased lodged FIR IPC U/s 304A IPC after investigation charge sheet was submitted against the petitioner.

Submission of the Counsel of the Petitioner - Doctor

No material exists against the petitioner to make a case of Section 304A IPC against him.

Petitioner had suggested for ultrasound of the whole abdomen and pelvis for proper diagnosis but the family members failed to conduct the USG as such family members of the patient were negligent not the petitioner.

Moreover, petitioner discharged his duty by advising family members to take patient to another hospital where USG facility was available.

Submission of the State through Additional Government Advocate

Charge sheet shows that despite repeated telephone calls and requests made by Dr. Sujata Samanta, the petitioner refused to come to attend the patient, rather he suggested to shift the patient to a private Nursing Home.

The kind of response by the petitioner-doctor is a clear-cut violation of public duty and constitute gross negligence and the above fact stands justified by the Call Details Report of mobile phone number of the petitioner and landline phone number of the BMC Hospital.

The petitioner had not performed his duty and is squarely liable for gross negligence and the present proceeding therefore, should not be quashed.

Test for qualifying liability for offence U/s of 304A IPC : (1) There must be death of the person in question (2) The accused must have cause such death (3) Act of the accused is rash and negligent and it did not amount to culpable homicide mounting to murder.

A casual reference to the material in hand discloses that petitioner was negligent therefore he was charge sheeted u/s 304A IPC. 304A IPC prescribes punishment for negligence thereby causing death by negligence.

Criminal negligence, is gross and culpable, neglect or failure to exercise, reasonable and proper care and precaution to guard against injury, either to the pubic generally or to an individual in particular.

In criminal case, the magnitude and degree of negligence* are determinative factors. Besides, there must be mensrea in criminal negligence, which shall be of such nature to the utter disregard to the life and safety of others so as to amount a crime.

*Essential Components of negligence are three: “duty”, “breach” and “resulting damage”.

Observation of the Court

From the documents before the Court it  appears that some adverse and negative opinion by the medical board is given with respect to the treatment of the deceased in the charge-sheet.

The report of Dr. Sujata Samanta who was on duty on the relevant night states “despite my repeated telephone request between 10.45 PM to 12.25 AM on 01/02.07.2009 to take proper action, the Petitioner refused to come to attend the patient, rather replied over telephone only to shift the patient (deceased) to any private nursing home.

The CDR of Mobile of Petitioner and land Phone of BMC Hospital establishes that at 12.30 AM in the mid night of 01/02.07.2009 the location of the mobile of the Petitioner was at Sahidnagar, but he was found to have referred the patient to surgery specialist mentioning the time 12.30AM on 02.07.2009 in the bed head ticket.

The deceased died on account of gross negligence of the Petitioner is a question of fact which can be answered in the trial and after evidence is led, but the materials so collected by the Investigating Agency reveals that there appears some prima facie case against the Petitioner requiring a trial in this case.

The Petitioner failed to show that the criminal proceeding against him is an abuse of process of Court and, thereby, is required to be quashed.

Decision

The Petition u/s 482 Cr P C stands dismissed on contest.

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the secret of best places to visit in Baleswar Odisha

The secret of best places to visit in Baleswar Odisha

Welcome to the best places to visit in Odisha at Panchalingeswar and Chandipur and remuna in Baleswar district, where i will describe about the finest places to visit in baleswar odisha. Odisha, the state situated on the eastern side of India, is truly a hidden gem for travel. Places that are lesser-known but contain a lot of history and story are well preserved in the lap of The land earlier known as “Kalinga.” Odisha witnessed history take turns, Odisha witnessed Faith’s power every year in Jagannath rath yatra. Odisha enjoys the biodiversity in flora and fauna more than any other state of India

Although every part of this state contains places that I can fit in the category of” Must visit places,” I will be writing about the places in the northernmost part of the state, “Baleswar” or “Balasore,” which is near about 200 km from the capital city of Bhubneshwar so, please tighten your seatbelts as we are in the ride.

Also read offbeat places in odisha

Kshirichora Gopinath temple-Introduction to the best places to visit in Baleswar odisha

We arrived in the city of Balasore, and now we are on the way to the famous Khirichora Gopinath temple.

This mesmerizing temple is situated in the place known as Remuna. Remuna is derived from the word “Ramaniya,” which means good-looking. This good-looking town is situated 9 km east of Balasore. In this town, the temple of “Khirachora Gopinath” is situated. Khirichora Gopinath in Odia means Stealer of Kheer/ Rice and milk pudding, and Gopinatha literally means the Consort of Gopis.

The Main Idols/ Vigrah are situated in the inner sanctum of the temple. Here Lord Krishna is worshipped in three forms. These three forms do mention various attributes of Lord Krishna.

1. Sri Gopinath

2. Sri Govinda

3. Madana Mohana

The Gopinath statue is believed by the locals is very old. Folklore is popular among the locals in that Lord Rama carved out this idol of Gopinath with His arrow, and then Sita worshiped this Deity in Chitrakuta, and later this Idol was bought here .

But in regard to other two dieties, which are black in color, were brought from Vrindavana in about 1938 “Chaitanya Dasa Babaji,” who is the devotee of this temple. After these Vigrah arrived, the worship of all of the three Vigrah happens to be in the same “Garbh gruha” or Inner sanctum of the temple.

Sri Gopinatha stands in a bas-relief form of art, while the other two deities are in a regular form of idols.

An interesting story behind the Deity’s name is as “Khirichora” is very popular among devotees. Khirichora means the thief of Kheera, or in this case, the special offering made to the Deity as “Amrita keli.”

Devotees believe that nearly 500 years ago, an adherent devotee of Lord Krishna, whose name was “Madhavendra,” was going to Puri to get some sandalwood and other worship items for his Sri Gopal deity waiting for him in Vrindavana.

He was making this journey on foot and, after reaching the state of Odisha, arrived at Remuna. Remuna is the place where the ancient Gopinatha temple is situated.

Madhavendra was enchanted by the beauty of the Vigrah situated in the temple and started chanting the name and dancing.

Finally, out of love and devotion, He asked the Pandit who took care of the temple what kinds of food they offered to the Diety.

The priest of the temple replied that “although a wide variety of food items are offered to deities in the evening, The Lord is offered sweet rice in twelve earthen pots. This prasad is so tasty as it resembles Nectar, and hence it is known as “Amrit keli.”

This prasad is so unique that it is not prepared anywhere else in the world, and Gopinatha loves it; hence it is known as “Gopinatha Kheer.”

During this conversation with Priest and Madhvendar, the sweet “Amrita keli” was placed before the Lord as an offering. Madhavendra Puri thought, “If I can get this food before god tests it, I could then taste it and will prepare a similar preparation to offer to my Lord Gopala at Vrindavana.”

But Madhvendara immediately realized his ill thoughts of stealing and repented. that “I am such a bad person who has committed an offense. I am so bad that I desired to taste the preparation which is made for Lord before it was offered to the Lord.” He left the temple and sat beneath a tree

After worshipping the Lord, the priest went to rest in his hut. In the priest’s dream, Lord came and told him to wake up fast and take the Matka”Pot” of khira that he had hidden under his garments and hand over it to Madhavendra Puri. The Pujari went to the temple where a pot of Prasad is near the idol of Deity, and he immediately found the sweet and brought that pot to Madhavendra Puri.

Till today the same Prasad “Amrita keli” is prepared in the temple complex and distributed to devotees.

The temple complex is very colorful and has a big courtyard where people gather and sing melodious Bhajans of Krishna. Major events associated with Lord Krishna are celebrated here with great zeal.

From this Beautiful temple, we are going to a temple which is built recently, but people visit this and enjoy the marvelous structure in Panchalingeswar and Chandipur.

Emami Jagannath Temple– A beautiful best place to visit in baleswar odisha

The tall and beautiful Emami Jagannath Temple is situated at a distance of 4 km from Khirichora Gopinath temple. This temple is a mesmerizing architecture constructed with red stones by the Emami group in the year 2015. This temple attracts a good number of visitors every day. This temple has all the specifications of The Puri Jagannath temple.

The temple is the replica of the world-famous Jagannath temple but with a twist as it appears that it is situated on a chariot. Dring night with the lighting, this temple looks heavenly with beautifully carved statues and designs over it.

After this amazing temple, we are on our way to a temple where you will be amazed by the ancient Shiva Lingas enshrined.

We are on our way to Panchalingeswar Temple.

Panchalingeshwar Temple

Situated on a hillock in the Nilagari Hill in the Balasore district, Odisha, Panchalingeswar Temple is the temple dedicated to Lord Shiva.

We have to climb 260 steps to reach the top of this hill to arrive at the main temple. It makes a surreal surrounding for the visitors to relish. As we are climbing, we witness small water streams and stunning sites of the small villages in Panchalingeswar and Chandipur.

After reaching the temple, We have to bend down in front of a perennial stream of water, which continuously flows. After bending down, we have to look for the Shivlingas inside a pool created by the waterfall.

Devotee notices that there are five Shivlings; hence the place is known as Panchalingeswar and Chandipur. To touch all five Shivlings, one has to lie on his chest over the rock which is near the stream of flowing water.

In this part of Odisha, locals, as well as devotees, have great significance for this temple. Devotee believes that if one touches all the five Shivlings, his wish will get fulfilled. Hence the belief of people makes it one of the most prominent pilgrimage sites in the district.

The place is a great sightseeing choice for nature lovers, not just for devotees.

From this Panchlingeshwar temple, we are on our way to one of the most amazing and of its kind place, a beach.

How can a beach be unique and one of its kind? I will tell you.

Chandipur Sea beach-the finest sea beach in places to visit in baleswar odisha

After a drive of some 25 KM, we are on the seashores at Chandipur sea beach. Chandipur sea beach is a beach where magic happens; magic happens twice a day here in Panchalingeswar and Chandipur.

What if I ask you, Have you ever seen the sea disappear in front of your eyes?

You will surely declare me mad. But let me tell you, this magic happens twice a day due to a unique phenomenon rarely seen anywhere else on the seashores of Panchalingeswar and Chandipur. At this beach, the sea recedes by as long as five kilometers every day. Here you can literally walk on the sea.

It is one of the world’s wonders as the sea recedes massively from the beach during the ebb and returns to the empty space to fill the emptiness during high tide. Seeing the sea disappear and then return is an unforgettable experience.

Besides that, It is one of the less crowded and less visited beaches by tourists. Hence it gives you complete freedom to enjoy the beach and the sunrise over the mesmerizing horizon of the sea and sky.

The Chandipur beach is also popular because of its proximity to the Defence Research and Development Organisation’s (DRDO) Integrated Test Range. A large number of missiles have been launched from this site, including the famous Akash, Agni, Shaurya, and Prithvi ballistic missiles.

Odisha is a state which is no less than a wonder, very less explored but with huge potential in tourism. Witness the natural phenomena to the history to archeological wonders, Odisha has all in it itself . Which is your favourite destination, where you wanna go in your next visit do let us know in comment section. Hope you find this travel blog on Panchalingeswar and Chandipur interesting and helpful.

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