JANGIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant, Jangir Kaur, has been found guilty under Section 314 read with Section 107 Indian Penal Code and sentenced to undergo four years' Rl and to pay a fineof Rs. 500. 00, in default, to undergo six months' RI. She along with one Phulan devi were tried by the Additional Sessions Judge and both were convicted. They preferred an appeal to the High court which was dismissed. The Special Leave Petition filed by Phulan Devi was rejected and only leave was granted to the appellant. Hence the present appeal.

(2.) The prosecution case is as follows. One lady, Hamir Kaur wife of Public Witness 4 teja Singh had 21/2 or 3 months' old pregnancy. She wanted to get it terminated as she had already three issues. At that time, she consulted the appellant and on her advice on 12/7/1981 Hamir Kaur went to the house of the appellant and both came to the house of Phulan Devi, the other accused. Phulan Devi tried to cause the miscarriage for about an hour. Hamir Kaur felt acute pain and the operation remained incomplete. Ultimately, Hamir Kaur was taken to the hospital and the doctor found that a loop of small intestine was coming out from vagina. Hamir Kaur ultimately died. Phulan Devi was charged under Section 314 Indian Penal Code and was accordingly convicted and the appellant was convicted under section 314 read with Section 107 Indian Penal Code.

(3.) There is sufficient evidence against both the accused and also the dying declaration given by Hamir Kaur (Ex. PE).