The petitioners are accused 1 and 3 in C.C.No. 299/03 in Court of Judicial First Class Magistrate, Adoor, with respect to the offence under Sections 336 and 304-A I.P.C. On the allegation that on account of the negligence of the petitioners and the other accused, the son of the complainant, who underwent an operation for appendicitis died. It is the case of the Petitioners / the accused, that Act of taking cognizance of the complainant by the court below is in violation of the ratio of the decision of the Supreme Court, in Jacob Mathew Vs State of Punjab, 2005 (3) KLT 965 . It is omitted that the patient died on 20.8.2000 at the Medical College Hospital, Kottayam, wherein he was admitted on 10.8.2000. The operation has conducted on 9.8.2000. The petitioners produced the post-mortem certificate. The cause of death based on the post-mortem findings and the results of laboratory examinations, is that the death was caused due to Septicaemia vide annexure A3. It is submitted that the matter was initially investigated by the police. The police filed a report vide annexure A4. The petitioner Crl.M.C. 4909 is the first accused/ Staff nurse. It was allegedly submitted that the injection given to the
