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1st NATIONAL TRIAL ADVOCACY MOOT

COMPETITION, 2015
1st Oct. to 3rd Oct. 2015

Outline for Trial Advocacy Moot Problem 2015


1.

Mahesh Rahane, a 10-year-old boy who studied in CBS School fell down while playing
in school on 02-02-2015, he was given first aid by the school staff.

2.

On 3rd February 2015 he was shown to a Doctor, Dr. Sunil Rahu at around 10 am and an
X-ray was completed by 11.30 am. The doctor upon examining he advised Rakesh
Rahane, father of Mahesh Rahane that Mahesh had injuries on his left hand and it just
needed ointment and bandage dressing to be done regularly. All this while the child was
in pain. It is around last week of February, Mahesh was taken to the same doctor, after
taking a X-ray the doctor discovered that the left hand was fractured.

3.

The parents by this time realized that the doctor wasnt skilled enough and that was the
reason they decided to take Mahesh to an Orthopedist, Dr. Mohit Surja on 28th February,
who after examining the X-ray advised the family that their child had to be operated and
the operation could involve certain complications which they need to be mentally
prepared for. The family was yet not confident when the doctor advised them for
operation and asked the doctor to hold on the operation for 2 days, so as to be sure about
the treatment the doctor was advising, they showed their child to two more doctors to take
their opinion on the same. After the two doctors also advised for operation, Rakesh
accompanied by his wife & few relatives consented for Mahesh to be operated by Dr.
Mohit Surja and deposited Rs.10, 000 at the hospital desk as advance for the operation
and the charges to be paid for the room in which Mahesh was going to be admitted.

4.

Mr. Rakesh Rahane signed the consent form for the operation and the wife consented to
become the witness for the same. The consent form is annexed and marked as Exhibit-A.
After the formalities being completed, the operation began at around 2:00 pm, Dr. Mohit
Surja was assisted by Junior Doctor, Dr. Vijay Kukreja and a nurse, Miss. Shalani Singh.
At around 5:00pm, Dr. Mohit Surja came outside the operation theatre and informed the
parents that certain complications emerged during the operation and Mahesh is not able to
breathe. Dr.Mohit Surja thereby explained the family of Mahesh that their hospital did not
have the facility of ventilator and their child had to be shifted to another hospital at the
earliest. The doctor himself made certain calls to nearby hospitals and to his colleagues,

much to the surprise none of them were equipped with the ventilator facility.
5.

Finally, Dr. Mohit Surja through his contacts made sure the child could avail the
ventilator facility in Retro Hospital, Dharampeth, Nagpur. By the time the child could be
shifted from Dr. Mohit Surjas hospital Surja Care Hospital in Sadar to Retro
Hospital in Dharampeth. Dr. Yusuf sent his hospital ambulance with a Junior Doctor and
asked him to help the child breathe with the oxygen mask. Thereafter, Dr.Yusuf was
waiting at the emergency ward for the ambulance to arrive, he quickly shifted the child to
ICU and assessed the situation of the patient. He then informed the parents of the child
that there were bleak chances of his survival, he even asked the parents to shift the child
if they felt comfortable in doing so or they could ask doctors known to them to come and
assess the child. They called Dr. Jeetesh Rane who asked Dr. Yusuf to stop the treatment
till he came and assessed the situation; in the meanwhile Dopamine was administered.
After Dr. Jeetesh Rane visited, Dr. Yusuf called Dr. Surja to urgently come to his
hospital, Dr. Surja immediately left all his work and reached Retro Hospital, as soon as he
reached the hospital Dr. Yusuf informed that the child was dead, to which Dr. Surja
requested CPR treatment and DC shocks to revive the child.

6.

Dr. Yusuf informed the parents that the child was dead, the parents were horrified when
they heard this, they were not ready to accept the truth and they told Dr.Yusuf that they
would take the child to the mandir, so that god could save their child. Dr. Yusuf
consented even though he knew it wont save the child, as the child was dead already.
After 30 minutes the parents came back with their child after taking him to the mandir
and requested Dr. Yusuf to save him, Dr.Yusuf gave the child C.P.R and D.C shock was
given but it couldnt revive the child.

7.

After sometime, the relatives of the Rahane family started creating a scene in the Hospital
and at around 10.00 pm they thereby started destroying the hospital property, and
threatened to take strict action against the Hospital authorities and against Dr. Yusuf, Dr.
Mohit Surja. The family of the deceased blamed the doctors for the death of their child,
according to Rahanes it was Dr.Surja who was negligent while treating their child as he
did not call an anesthetist while the child was operating and which thereby resulted in the
death of their child. Police reached Retro Hospital at around 11.00pm and took note of
the happenings and tried to curb the mob, which had gathered. Subsequently an offence
was registered against Dr. Surja. He applied for anticipatory bail before the Sessions
court of Nagpur on 5.3.2015 and was granted anticipatory bail by the Honble Sessions
Court on 7.3.2015.

Thereafter the investigating officer after recording the statement of witnesses as well as
accused doctors and after collecting the relevant material and filed the chargesheet before the
Learned Magistrate, who in turn sent the said case to sessions court by committing the same to it
as the offence levied i.e. 304-A, 323, 336 of I P C is triable by Court of Sessions. Accordingly
now matter is pending for its adjudication before Honourable Sessions Court, Nagpur.

Annexure - 1
First Information Report
(Under section 154 of Cr.PC)
1.

District:

Police Station:-

FIR No.

Date:-

Nagpur 2015

68/15

Year:Nagpur

3/03/15

2. i) Act:- Indian Penal Code,1860 Sections:- 304A, 323,336

3. a) Occurrence of Offence:- Day:-

Date:- From:- Time:-

Tuesday

02/03/ 2015 Evening 17:00

b) Information received at Police Station:- Sadar


Date:- 03/03/2015

Time:- 21:30

c) General Diary Reference:- - Entry No. 47

4.

Type of Information:- Oral

5.

Place of Occurrence:- Sadar

Time:-22:45

a) Direction & Distance from Police Station:- 2.5 kms


b) Address of the Police station:- Plot No.2, Rajanagar, Sadar, Nagpur
6.

Complainant/Informant

a) Name:- Rakesh Rahane


b) Fathers/ Husbands Name:- Raghu Rahane
c) Date of Birth & Age:- 22/05/1975,40 years
d) Nationality:- Indian
Phone Nos. N/A
e) Passport No:-N/A
Date of Issue:-N/A
Place of Issue:- N/A
f) Occupation:- Businessman
g) Religion:- Hindu
h) Address:- Plot No.232, Sadar, Nagpur

7. Details, Name & Address of Known Accused:- Dr. Mohit Surja


Age:- 40 years, Address:- 201, Rj Dimensions, Ravi Nagar, Nagpur
8. Reasons for delay in reporting by the Complainant/ Informant:- No Delay
9. Particulars of properties stolen/ recovered( Attach necessary Performa)
The details on a back blank page:- N/A
a. Total Values of properties stolen/ involved:- NA
b. Recovered properties:- N/A
c. Unnatural/ Accidental death. Case No, if Any:- N/A
10. First Information Brief contents(attach separate sheet, if required) details write down back
blank page: N/A
11. Action taken: The above information reveals Commission of offences u/s as mentioned at
Item No.2
1) The case has been registered and the investigation has been taken up by PSI Avinash Rao.

F.I.R read over to the Complainant/informant, admitted to be correctly recorded and a copy given
to the Complainant/informant, free of cost.

Sd/Signature and Thumb Impression


of the Complainant/Informant
Name : Rakesh Rahane

Sd/Signature of Officer, Police Station


Name:- Avinash Rao
Rank:- PSI
Posting:- Sadar Police Station
Code No:- 49544954

Annexure 2
PANCHNAMA

On March 3, 2015 at 11.00pm, the investigating officer visited Dr. Surjas Care
Hospital. After observing the place and taking statements, he prepared a sketch. The
followings items were taken into possession in front of witnesses.
1. Lignocaine HydrochloRide Injection I.P Lox 2%
2. Primacort-100
3. Sterile Water for Injections
4. Zofer
5. Consent form with signature of Rakesh Rahane
6. Bills of Medicines brought in the name of Mahesh Rahane
7. Treatment details of Mahesh Rahane
Mr. Sunil Batra & Mr. Ashraf Khan, who were resident of Rajnagar, Nagpur,
present on the scene and consented as eye witnesses and have attested the Panchnama.

Sd/Aakash Rao
Investigating Officer

Witnesses:Sd/Sunil Batra,
Flat No.203, Rajnagar,
Nagpur.

Sd/Ashraf Khan
Flat No.101, Majestic Heights,
Nagpur.

Annexure - 3
Final Report Form
(Under Section 173 Cr.PC)

1.

Dist:- Nagpur Police Station:- Sadar FIR No.68/15

Date:-03.03.2015

2.

Final Report/Charge-Sheet No:- 112/2015

3.

Date:-03.05.15

4.

Act: - IPC

5.

Nature of Final Report:- Charge sheet filed

6.

If Final report is of the nature of did not occur then the reasons:- N/A

7.

If charge sheet is filed:- Original

8.

Name of the investigating officer:- PSI Aakash Rao

Section:- 304A,323,336

Designation of Investigating Officer:- PSI


9.

Name of Complainant/Informant:- Rakesh Rahane


Father/Husbands Name:-

Raghu Rahane

10. Things obtained at the time of investigation/confiscated and property relied upon/details of
the articles( if necessary add a separate list along with the same)
Sr.

1.
2.
3.
4.
5.

6.

7.

Description of
the Property
Lignocaine
Hydrochlo
Ride Injection
I.P Lox 2%
Primacort-100
Sterile Water for
Injections
Zofer
Consent form
with signature of
Rakesh Rahane
Bills of
Medicines
brought in the
name of Mahesh
Rahane
Treatment details
of Mahesh
Rahane

Estimated
Value

Sr. no. of the Police


Station record diary

Property recovered
from whom and
from where

Disposal

00

16/15

From the accused

NA

00

16/15

From the accused

NA

00

16/15

From the accused

NA

00

16/15

From the accused

NA

00

16/15

From the accused

NA

00

16/15

From the accused

NA

00

16/15

From the accused

NA

11.

Particulars of accused persons charge-sheeted:i) Name & Age:- Dr.Mohit Surja, 40 years
ii) Identified & How:- By witness
iii) Fathers/Husbands Name:- Raj Surja
iv) Sex:- Male
v) Nationality:- Indian
vi) Passport No. NA
Date of issuance:- NA
vii) Religion:- Hindu
viii) If belongs to SC/ST:- Yes
ix) Profession:- Doctor
x) Address:- 201, Rj Dimensions, Ravi Nagar, Nagpur
If Verified:-

YES

xi) Temporary offender No. 21154/15


xii) Regular Offender No:- NA
xiii) Date of Arrest:- 05.06.15
xiv) Date of release on bail:- NA
xv) Date of sending to court:- 06.06.15
xvi) Provision of Arrest:- 304A
xvii) Suretys name & address:- NA
xviii) Related previous conviction:- NIL
xix) Status of the accused:- On Bail
12. Details of the examined witnesses:-

Sr.
No
1
2
3
4
5
6
7

Name

Father/Husbands
Name

Age
(Yrs)

Occupation

Address

Rakesh
Rahane
Sunil Batra

Raghu Rahane

39

Businessman

Plot No.232, Sadar, Nagpur

Mahesh Batra

37

Businessman

Ashraf Khan

Abdullah Khan

42

Businessman

Dr. Yusuf
Khan
Dr. Vijay
Kukreja
Miss.
Shalani
Singh
PSI Aakash
Rao

Asif Khan

45

Doctor

Sunny Kukreja

35

Doctor

Vidhi Singh

36

Nurse

Plot No.234, Rajnagar,


Nagpur
Flat No.101, Majestic
Heights, Nagpur
Plot No. 603, Wardha
Road, Nagpur
Flat No.201, Ty Heights,
Khamla, Nagpur
Flat No.789, Jay Mansion,
Sadar, Nagpur

Avinash Rao

48

PSI

Forwarded by Station House


Officer/Officer in-charge

Flat No.345, RP Heights,


Ramnagar Nagpur

Nature of
being a
witness
Complainant
Pancha 1
Pancha 2
Witness
Witness
Witness

Investigating
Officer

Signature of the Investigating Officer


Submitting the Final Report/Charge Sheet.
Name :- PSI Avinash Rao
Rank:- PSI

Annexure - 3
Statement of Witnesses
(Statements under Section 161 of the Code of Criminal Procedure, 1973)

1.

Name:- Rakesh Rahane


Address:- Plot No.232, Sadar, Nagpur
I am a businessman, I have a furniture shop in Itwari, Nagpur. On 02-02-2015, I got a call

from CBS school, where my 8-year-old son Mahesh studied that Mahesh had fell down and
injured himself. The school staff gave him first aid and asked me to take Mahesh to a doctor, so I
took him to Dr. Sunil Rahu on 03-03-2015 at around 10 am, the doctor opined after going
through the X-ray that it was not a fracture and it just needed bandage and dressing had to be
done regularly. Sometime around the last week, Mahesh complained of pain again, so I and my
wife decided to take him to the doctor who asked for fresh X-ray scan and much to our surprise,
it was discovered that the bone of the left hand was joined wrongly. I and wife were furious and
decided to take Mahesh to a specialist, so we took him to Dr. Mohit Surja. Dr. Mohit Surja after
going through the X-ray opined that the child needs to be operated at the earliest and it could
involve certain complications. At that moment we were only concerned about the well- being and
quick recovery of our child, so I and my wife signed the consent form for the operation which
was to be done 2 days later. We even deposited Rs.10,000 as advance expenses for the operation.
The operation begun at 2.00 pm on 2nd March 2015, we were so stressed that we couldnt think
of anything else except for praying for the speedy recovery and well being of our child. We did
not see any anesthetist entering Dr. Surjas premises in between 2.00pm to 5.00pm. At around
5.00pm the doctors came out and were in a state of panic, they told us that the child was not able
to breathe and the hospital did not have the facility of ventilator so he had to be shifted to some
other hospital. Dr. Surja himself started making calls to the colleagues where my child could be
shifted, for quite some time he made calls but he failed in his attempts, finally he could arrange
for ventilator in Retro Hospital. While my child was being shifted from Dr. Surjas Care Hospital
to Retro Hospital in Dharampeth in ambulance, he stopped breathing. Upon reaching the
hospital, Dr. Yusuf tried to revive my child with DC shock, but failed in his attempts. When he
told us about the same, we didnt want to believe me and we knew that God would not be so
cruel to us so we took Mahesh to a mandir to seek Gods blessing so that he could save my child.
After 30 minutes we told the Doctor to try DC shock and CPR treatment again, as we were
confident that his attempt would be successful this time around. Unfortunately for us, our child
did not respond to the DC shock this time around too. We were distorted; we did not know why
this was happening to us.

We tried to find out the cause of death, it was discovered that during the operation Dr.
Surja had given excessive dosage to the child so as to keep him in unconscious state, he had
administered local anesthesia without consulting the anesthetist. We were furious after hearing
this and we decided to lodge a FIR and take serious legal action against Dr. Surja for his
negligence.

2.

Name:- Dr. Mohit Surja


Address:- Plot No.503, Rajnagar, Nagpur.
On 28th February 2015, Mahesh, an 8-year-old child was brought to my hospital for

treatment of his left hand. His father, Rakesh Rahane showed the X-ray of his child to which I
opined that the childs left hand had to be operated as the bone was wrongly joined. Maheshs
parents were yet not ready for the operation and they asked me to operate the child after 2 days,
to which I agreed and I also informed them about the complications which could be involved
during the operation. The parents consented to the child being operated and also signed the
consent clause. The operation began around 2.00pm in the presence of Dr. Vijay Kukreja, Nurse
Shalini Singh. The operation was a bit complicated and it got over around 5.00pm, in the
meanwhile we noticed that the child was not able to breathe and hence an oxygen mask had to be
used to help him breathe properly. We realized that the oxygen mask would not help him breathe
properly and there was a urgent need for ventilator service to be provided to him. We were not
equipped with the ventilator service in our hospital, so it being my moral responsibility to take
proper care of my patients, I made several phone calls to my colleagues who could provide
ventilator service to the child, unfortunately for us after making frantic attempts we could finally
find Retro Hospital in Dharampeth, where ventilator was available. In the meanwhile, we
informed Retro Hospital that the child is being brought to the hospital, I had patients waiting so I
asked my hospital staff to assist in shifting the child. Then after some time I got a call from Dr.
Yusuf that Dopanine injection had been administered to the child while he was being brought to
the Retro Hospital. He asked me to come to the Hospital as soon as possible, I immediately left
for Retro Hospital, on reaching the hospital I was told that the child had stopped breathing and he
was declared dead. On my request, Dr. Yusuf gave him DC shock to revive him, Dr. Yusuf also
told me CPR had already been given to the patient. Once we told the Rahane family about their
loss, they created quite a scene in the hospital, after which they decided to take their child to
Mandir, and they returned after 30-35 minutes and asked us to repeat the treatment to revive the
child. Dr. Yusuf gave the patient CPR and DC shock but is of no avail, as the child did not
respond to it. The relatives and family members of Rahane family started breaking things in the

Hospital to which Dr. Yusuf called the police and told them about the incident. Later, the body
was sent to Rayo Hospital in Sitabuldi for further investigation.
I hereby declare that the 28th February 2015, the child was brought to my hospital, when I
advised him operation and later he was operated on 2nd March 2015, I had not called anesthetist
for the operation, that is precisely the reason the starting dosages of anesthesia have not been
written by me, I had only given local anesthesia to the patient. While the patient was being
operated, his condition deteriorated and due to breathlessness he had to be shifted to Retro
Hospital, shifting child to the hospital was more important than writing the details of the
operation.
3.

Name : - Dr. Yusuf Khan


Address : Plot No.603, Wardha Road, Nagpur.
I have my hospital in Dharampeth in the name of Retro Hospital which has been

functioning since the last 4 years. On 1st March 2015, around 5.15 pm I got a call from Dr. Mohit
Surja on my mobile, he informed me about the condition of the child who was critical, who was
in dire need of ventilator. He informed that he had called almost all the nearby hospitals but he
couldnt find the ventilator and I was his last hope. When I enquired about the reason why the
patient was not able to breathe, he told me that it was due to certain complications, which
occurred during the operation. Later I called the ambulance and asked my junior doctor Dr.
Surjewala to go in the ambulance to Dr. Surjas Hospital to bring the patient to Retro Hospital, I
also instructed him to use Ambu bag which would help the patient to breathe. I was standing
outside the gate of the hospital & waiting for the ambulance to arrive, as soon the ambulance
arrived I noticed that the child was breathing with the help of the Ambu bag. Looking at the
situation of the patient I asked my hospital staff to take the patient to ICU. I informed Rakesh
Rahane that the patient is serious,I also told him that the next 12 hours are critical incase the
child doesnt regain consciousness it would be difficult to save him. I also told him that they
could take the child to some other hospital or call the doctors whom they are familiar with. They
called Dr. Jeetesh Rane and informed him about the situation of the child, later even I spoke to
Dr. Jeetesh I informed him that the treatment is on, and to which he told me that he would be
visiting my hospital after his work is completed to access the situation of the child, Mr. Rakesh
Rahane then asked me to stop the treatment till Dr. Jeetesh Rane visited the child. The child was
administered with Dopanine+ Dobutanine for the time being. I then noticed that the blood sugar
levels and kidney reports were on the higher side, to which I gave the patient Sodabicarbonate
Injection, even after the injection, the patient did not react to it. I decided to put the patient on

ventilator and started giving him CPR treatment this continued for some time, the situation of the
child did not improve, in the meanwhile Dr. Surja entered the hospital as soon as he entered the
ICU we informed him that the child is dead, to which Dr. Surja insisted on repeating the CPR
treatment, I repeated the CPR treatment on his insistence. We then informed Mr. Rakesh Rahane
that his child is no more, to which he got furious and grabbed the collar of Dr. Surja and told him
that he was the reason for the death of his child, he also threatened that he would ruin Dr. Surja
& his family. He even slapped Dr. Surja twice after which Dr. Surja ran towards the bathroom &
locked himself from inside. Rahane family and his relatives then started destroying the hospital
property, they broke the furniture and the close door of the ICU, to which I shouted and asked
them to leave immediately, they further started attacking me and hit me on the nose. Looking at
the scene they had created, my staff had called the police. All of a sudden, Rakesh Rahane
decided to take his child to Mandir and after sometime brought him back he asked me to perform
CPR treatment and give the patient DC shock to which I responded and told him this wont make
a difference as the child is already dead, he threatened me to perform the CPR treatment and give
DC shock, even this couldnt revive the child. By that time the police had arrived, the Rahanes
started telling their version of the facts to the police and tried to implicate Dr. Surja. I had to
intervene as it was my moral responsibility to tell the correct nature of the facts, I informed them
that it was Dr. Surjas swiftness that the child could be brought to my hospital at the right time,
the negligence was on the part of the Rahane as they tried to delay the treatment and when I
asked them whether they wanted to take the child to some other hospital to which they did not
respond and when I asked them whether they wanted to invite some other doctor whom they
thought was competent to handle such a situation they called some Dr. Jeetesh Rane, I havent
even heard the name of such a doctor, after I spoke to Dr. Jeetesh, the family insisted on stopping
the treatment till Dr. Jeetesh came and assessed the situation.
4.

Name : - Dr. Vijay Kukreja


Address:- Flat No.201, Ty Heights, Khamla, Nagpur.
I am Anaesthesist by profession, various surgeons and hospitals in Nagpur call me on

case basis. I have been working with Dr. Mohit Surja since quite some time, he has been calling
me as when the need arises. On 2nd March 2015 around 11:00am I received a call from Dr. Surja
while I was in Sethis Hospital, Dr. Surja asked for my availability and inquired whether I could
come to his Hospital around 2.00pm as a child was to be operated. I finished my work and
reached Dr. Surjas Care Hospital around 1.30pm. When I reached the hospital, I saw 8 year old
Mahesh lying on the hospital bed, I could see the pain he was going through. I then noticed that

there were 2 members from the hospital staff surrounding the child, one was giving body
massage to the child and one was trying to help the child to breathe with the oxygen mask, the
staff was being instructed by Dr. Surja. I first noticed the pale eye pupils of the child and it was
not responding to light, I then asked for ECG leads to be put and I also noticed that the oxymeter
did not any reading. Dr Surja informed me that the child was given intravenous adrenaline
injection. I could see that the childs condition was deteriorating so I asked Dr. Surja whether the
hospital was equipped with the facility of ventilator, to which he responded that there was no
ventilator facility in his hospital and he made frantic efforts to find a hospital where the ventilator
service was available. In the meanwhile I asked the hospital staff to call the father of the child
Mr.Rakesh Rahane, I informed the father of the patient that the child was in critical condition and
he needs to be urgently shifted to a hospital, which is equipped with ventilator services.

5.

Name : - Miss Shalini Singh


Address :- Flat No.789, Jay Mansion, Sadar, Nagpur
I have been working at Dr. Surjas Care Hospital since last 2 years. I was present

while Mahesh was being operated. As a conscientious person, I am stating the true facts which
had occurred on the date of the operation. It is unfortunate that a Doctor of Surjas capability
had to resort to such practices, he himself administered local anesthesia and once he noticed the
repercussions of administering the anaesthesia, he called upon Dr.Vijay Kukreja so that he
coulndt be blamed for medical negligence as the presence of an anesthetist could somewhat save
him for the consequences. I feel extremely sad that the 8 year old and his family had to suffer
because of the causal attitude shown by Dr. Surja.

Annexure - 4
CONSENT FORM
I, Mr. Rakesh Rahane(Father) in SURJA CARE HOSPITAL give consent for my own/relative
Mst.

Mahesh

Rahane(Age-

8Yrs)

medication/investigation/anaesthesia/operation/therapy

procedure diagnosis.
The necessity of this medication/investigation/ anaesthesia /operation/therapy/procedure,
the ill effects if this is not performed; hazards and complications in the therapeutic modalities
other than operation have been explained to me by Dr. Mohit Surja.
I have been clearly explained that this operation involves implantation of foreign body
like metal plate/screws/nail/ wires etc. and that certain complications like metal failure,
loosening, breakage, extrusion, infection, may occur during the course of the complete treatment.
I have been told regarding intraoperative & postoperative problems that could arise during the
course of the treatment. I have been told regarding proper follow-ups, and the long course of the
treatment required for complete recovery. I believed that treating Dr. is fully competent and he
shall to the best of his abilities take all the care required for my recovery, with the facilities
available in the hospital. I have been explained clearly that any medication/investigation/
operation/ therapy is not totally safe and that such procedure or anaesthesia can be a risk to life of
an otherwise healthy person also. Doctors have explained to me that excessive bleeding,
infection, cardiac arrest, pulmonary embolism, nerve/vessel injury, iatrogenic fracture and
complications

like

this

can

arise

suddenly

and

unexpectedly

while

undergoing

medication/investigation/therapy/procedure or anesthesia.
I give consent for any change in the anaesthesia or operative procedure, as well as for
removal

of

any

organ

as

deemed

medication/investigation/therapy/procedure.

necessary
I

have

by

the

been

doctors
made

at
aware

the

time
that

of
after

medication/investigation/operation/therapy/procedure and anaesthesia instead of desired benefit,


some complications may arise and I believe that to avoid such complications, if any, appropriate
care shall be taken by Dr.(Surgeon) Mohit Surja or any other doctors appointed by him. I have
read the above writing/ the above writing has been read out to me. I have understood the
aforesaid and I am willingly giving my consent.
Witness
Sd/Name: - Mrs. Mukti Rahane
Address:- Plot No.232, Sadar, Nagpur

For Patient
Sd/Name:- Mr. Rakesh Rahane
Adress:- Plot No.232, Sadar, Nagpur

Annexure-5
INDIRA GANDHI GOVT. MEDICAL COLLEGE, NAGPUR
DEPARTMENT OF FORENSIC MEDICINE & TOXICOLOGY
Final Opinion as to the Cause of Death
Ref:- 1. Requisition from police station Sadar, Nagpur no. 1195/15 dated 27/04/2015
2. MLPM no. VTJ/275/15 dated 2/03/15
3. Chemical analyzers reports:i) ML case no. An- 822/15 dated 19/04/2015
ii) ML case no. An- 825/15 dated 19/04/2015
iii) ML case no. An- 846/15 dated 19/04/2015
iv) ML case no. An- 910/15 dated 19/04/2015
4. Histopathology report from Department of Pathology IGGMC, Nagpur no. 11/1873-50 dated
03/03/15
5. Microbiology report from Department of microbiology IGMC, Nagpur No.862/15 dated
06/03/2015
The postmortem examination was conducted on the dead body of Mahesh Rahane, aged:- 8
years, Sex- Male, resident of Plot No.503, Rajnagar, Nagpur
was involved in Crime No. 68/15 U/S 304A, 323, 336 of I.P.C.
Following exhibits were preserved:1. Viscera for chemical analysis- stomach and loop of intensine; 1/3 of liver, of each kidney;
blood in liquid paraffin.
2. Articles for chemical analysis: Skin from injection site, control skin, muscle and soft tissues
operated site, lung ligated and ties at the main bronchus.
3. For histopathology examination: Pieces of brain and cerebellum, lungs, heart, liver, spleen,
kidney with adrenals, pancreas, muscle with soft tissues from operation site.
4. For microbiological examination: Blood for culture.
Findings of Chemical analysis: a) As per reference no.3 (i), General & specific chemical testing does not reveal any poison in
exhibit Nos.1,2&3.
b) As per reference no. 3(ii), General and specific chemical testing does not reveal any poison in
exhibit Nos.1,2 &3.
c) As per reference no.3(iii) , General and specific chemical testing does not reveal any poison in
exhibit.
d) As per reference no.3(iv), results of detection of lignocaine hydrochloride in exhibit no.1 are
positive. General and specific chemical testing does not reveal any poison in exhibit Nos.2,3&4.

Findings of Histopathology examination:


Sections from brain show features of congestion; sections from heart show normal histology;
sections from lungs show marked congestion & oedema; sections from larynx show features of
normal histology and show normal thymus tissue, section from liver shows features of
congestion; section from spleen shows congestion; sections from kidneys show features of
congestion; section from adrenal gland show features of normal histology; sections from the
muscle tissue pieces show muscle & haemorrhage and also show foci of normal cartilage.
Findings of microbiological examination:
Culture report: no growth after five days of incubation
Other findigns:- NIL
Name of autopsy surgeons:- Dr. T.V. Jadhao, Dr. R.S Thevar, Dr. V.T. Hingne.
Date of post mortem examination:- 3/03/2015
As per the best of our knowledge, the final opinion as to the cause of death is as follows: Asphyxia due to respiratory failure in an operated case of K-Wire fixation without any
evidence of Pre- Anaesthetic sensitivity test, without any evidence of endotracheal intubation

Sd/Dr. V.T.Hinge,

Sd/Dr.R.S Thevar