“Vinod was in need of intensive medical care at the time of admission as he was in acute medical crisis, but was still admitted to the nursing home within the centre which did not have proper intensive care facilities and the doctors did not give him emergency medical treatment, resulting in his death,” the family advocate, Mobin Solkar said, adding that the doctors are therefore prima facie guilty under IPC section 304-A for causing Vinod’s death by negligence.

Advocate Mobin Solkar who is representing the Kukreja family

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The deceased’s widow had filed a criminal writ petition before the Bombay High Court (HC) seeking justice and accordingly, the Vasai police were directed to register an FIR in the case, and accordingly, the Vasai police were directed to do so. When contacted, police inspector Ranjeet Andhale from Vasai police station said he would have to check about the status of the case with the investigating officer and won’t be able to provide details offhand.

According to the investigating officer, sub-inspector Sampat Ahire, a case has been registered on March 25 under IPC sections 304(A) and 36 against five accused, including a female nurse in charge. “The medical committee constituted by the Civil Surgeon, Palghar, in their report, found the case to be an act of negligence on the part of the accused named in the FIR,” he said. The police FIR was registered almost five years after the incident and after the HC’s intervention.

“Our investigation is still underway. We have carried out the spot panchnama of the room where Vinod was admitted and have also taken all the relevant papers pertaining to the case from the centre. Also, the statements of all five accused have been recorded,” Ahire said.

When asked about the CCTV footage, Ahire clarified that the incident is from 2018 and they have asked the centre for CCTV grabs but have not received any so far. “We are waiting for some formalities to be completed. Once we speak to Vinod’s family, who has been asked to visit the police station, we will file the chargesheet before the Vasai court,” he added.

When contacted, Dr Sanjay Bodade, Civil Surgeon, Palghar, said, “I remember constituting a medical committee in the said case and the report has been submitted to the police. I do not have the relevant papers with me at present to share the committee’s findings in their report.”

Call for additional sections  
Solkar, on behalf of Vinod’s widow, had sent a letter to the senior inspector of Vasai police on June 9 stating, “We expect that the police will take the investigation against the five accused to its logical end and will investigate the case impartially and independently. It is always open for the police to add offences if the same is disclosed during the course of the investigation. Similarly, if it is found that there are other persons apart from the five accused appearing to be guilty, the police should take appropriate steps.”

Advocate Solkar further stated in his letter that the accused persons have prepared forged, fabricated and antedated medical records/notes of the Kripa nursing home in order to protect themselves, thereby committing criminal offences of forgery and fabrication of documents. “You are therefore requested to investigate this aspect and add/invoke relevant IPC sections 463, 464, 465, 471 against the accused for having committed the said offences,” the letter stated.

“Moreover, with the intention of destroying crucial evidence, the accused have deliberately destroyed and/or deleted the CCTV footage of Kripa nursing home for the relevant period, thereby committing an offence under IPC section 201. You are therefore requested to investigate the same and add/invoke IPC section 201 against the accused,” the letter claims.

According to Solkar, the Kukreja family has been trying to get a case of medical negligence registered against the accused for over five years “This is indeed a shocking case wherein a young lady became a widow due to negligence by doctors who failed to provide proper and timely treatment to her husband Vinod,” he said.

Solkar said that he is glad the HC has lived up to the expectations of a common citizen and its intervention has resulted in justice being done. “I hope the Vasai police will investigate the case properly and no leniency is shown to those found guilty,” he concluded. Vinod’s elder brother Vijay said, “We should get justice as soon as possible. It’s been such a long wait and the matter is still where it was.” Attempts made to contact the accused at Kripa Foundation did not yield any result.