MADURAI: The Madurai Bench of the Madras High Court on Tuesday admitted an appeal against the acquittal of two doctors in a murder case.

According to the prosecution, the accused, Y. Ajith and Y. Ashok, brothers from Asaripallam in Nagercoil, had killed one of their patients while performing hernia surgery on the kitchen slab of a residential house, which was rented by them for running a private clinic.

The deceased, Murugan, employed as a mason in Peruvilai, had approached the doctors in July 1999, complaining of severe stomach pain.

After examining him, the doctors suggested hernia surgery. When Murugan preferred to be operated in the Government hospital, Dr. Ajith, attached to the Parassala Government hospital, discouraged the patient stating that it would cost more than Rs.10,000.

On a false promise that he would persuade his peers in the Government hospital to conduct the surgery in the clinic, the accused collected Rs.5,000 from the family of the deceased, the police alleged.

But contrary to their assurance, both the accused, holding an MBBS degree, on October 8, 2000, operated upon the patient in their clinic, which lacked sufficient infrastructure such as a well-equipped operation theatre or provisions to administer anaesthesia.

Hence, Murugan died of heart attack during the surgery, the police claimed, and added that the doctors operated on the patient despite knowing that he was already suffering from a cardiac disease.

Moreover, both the accused escaped from the place of occurrence immediately after the death without informing the attendants waiting outside the clinic and Dr. Ajith also manipulated the attendance register in the Government hospital to claim that he was present in the hospice at the time of death.

Though a case was initially registered with the Asaripallam police, it was later transferred to the Kanyakumari District Crime Branch and they filed a charge sheet under Section 302 (murder), 201(causing disappearance of evidence of offence) and 193 (punishment for false evidence) of Indian Penal Code.

But the sessions court in Nagercoil on August 16 ruled that the prosecution had failed to prove the case beyond reasonable doubt.

After hearing elaborate arguments advanced by the Additional Public Prosecutor, K. Chellapandian, a Division Bench comprising Justice P.K. Misra and Justice A.R. Ramalingam admitted the appeal against the lower court order.

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