P.B.DESAI vs STATE OF MAHARASHTRA

The Supreme Court upheld the conviction of the appellant under Section 338 read with Section 109 IPC for criminal negligence in medical practice, affirming that a surgeon must exercise due care and attention during surgical procedures. The Court emphasized that the failure to personally oversee the operation constituted a breach of duty, leading to the patient's deterioration and eventual death. The appeal against the High Court's judgment was dismissed, maintaining the sentence of simple imprisonment and compensation.