A 52-year-old BHMS practitioner in Panvel has been sentenced to three years rigorous imprisonment after a court found him guilty of illegally administering an allopathic injection that caused a patient's death, underlining serious risks to public safety when unqualified practitioners provide modern medicine.
A Panvel court has convicted a 52-year-old homeopathic practitioner for medical negligence that resulted in a patient's death in 2016. Mohammed Arif Dakhave received a three-year rigorous imprisonment sentence along with a fine of ₹1.10 lakh.
Additional Sessions Judge Dinesh E Kothalikar delivered the judgment on December 1, 2025 finding Dakhave guilty under Section 304A of the Indian Penal Code (causing death due to negligence) and Section 33 of the Maharashtra Medical Practitioner Act, 1961.
The court determined that Dakhave, holding a Bachelor of Homeopathic Medicine and Surgery (BHMS) degree, lacked authorization to practice allopathy or administer allopathic medications. Despite this limitation, he prescribed and administered allopathic medicines that also included a Voveran injection to the deceased.
On November 10, 2016, 25-year-old Ravindra Patil sought treatment from Dakhave's clinic for fever and shivering. Following the injection administered by the practitioner, Patil's condition did not improve.
Over the subsequent days, the patient's family sought care at three additional hospitals. Despite continued medical intervention, Patil passed away on November 29, 2016.
The family filed a complaint at Vashi police station, asserting that an infection developed following the injection by Dhakave. Medical experts were consulted as part of standard procedure.
The civil surgeon of Alibaug noted that the practitioner should have completed the Community Medical Service & Essential Drugs course. The medical opinion also highlighted that proper sterilization of the injection was required before administration.
During investigation, Dakhave maintained that he had sterilized the injection appropriately but could not explain the complications that arose. The investigating officer established that Dakhave lacked the necessary certification for administering such treatment.
The court emphasized that the evidence demonstrated gross lack of competence and disregard for patient safety.
The defense argued insufficient evidence to prove Dakhave administered the injection or that he was responsible for the death. However, the court found the evidence compelling enough to establish both administration of the injection without proper authority and its causal link to the patient's deterioration and subsequent death.
The court has directed that the fine amount collected from the accused be paid to the victim's mother. Additionally, the District Legal Services Authority, Raigad, has been instructed to pursue separate compensation for the family.
The sentence has been suspended to permit the accused to file an appeal.
(Rh/VK/MSM)
