CUTTACK, India, April 18 -- Orissa High Court issued the following order on March 17:

1. The present Criminal Appeal is directed against the judgment and order dated 05.09.2002 passed by the learned Additional District & Sessions Judge, Nuapada, in Misc. Case No. 43/13 of 2001 arising out of G.R. Case No. 243 of 2000, whereby the present appellant was convicted for the offence punishable under Section 304A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of two years.

2. The present appeal has been pending since 2002. When the matter was called for hearing consistently, none appeared for the appellant. Therefore, on 16.12.2025, Mr. Satya Narayan Mishra(4) has been appointed as Amicus Curiae to assist the Court. Therefore, this Court requested Mr. Satya Narayan Mishra(4), learned counsel, who is present in Court to assist the Court as Amicus Curiae. He has readily accepted the same and after obtaining entire record assisted the Court very effectively. This Court records appreciation for the meaningful assistance rendered by Mr. Mishra.

3. Heard Mr. Satya Narayan Mishra(4), learned Amicus Curiae for the appellant and Mr. Sobhan Panigrahi, learned Additional Standing Counsel for the State.

4. The prosecution case in brief is that the deceased child, aged about two years, the son of Punai Dei Harijan (P.W.1), was suffering from fever suspected to be malaria. On the relevant day, the child was taken to the accused-appellant, who was staying in the house of P.W.3 and was locally known to provide medical treatment though he possessed no recognized medical qualification. The accused examined the child by using a thermometer and stethoscope and thereafter administered two injections of chloroquine to the child for treatment of malaria.

5. According to the prosecution, soon after the administration of the injections the condition of the child deteriorated and within a short span of time the child became unconscious and ultimately died. The child was thereafter taken to a pharmacist (P.W.5), who declared that the child had already expired. On receiving information regarding the incident, Chittrasen Harijan (P.W.8) lodged the written First Information Report at Jonk Police Station.

6. On the basis of the said report, the police initially registered an Unnatural Death(UD) case and conducted an inquest over the dead body. Subsequently, the dead body was sent for post-mortem examination and after investigation the police submitted charge-sheet against the accused alleging commission of the offence under Section 304 IPC.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=JWh84WYVV%2BM86K4sXzCHnypeXS%2FUEPRUL9B8QTquuRzqV1ddr1nXQno4LGledI7M&caseno=CRLA/67/2002&cCode=1&cino=ODHC010292702002&state_code=11&appFlag=)

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