TILAK RAM SINHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant stands convicted under Sec. 314 of Indian Penal Code (henceforth "IPC") for the death of deceased- Basantibai and sentenced to undergo rigorous imprisonment for two years with fine of Rs.2,000.00, in default of payment of fine, to further undergo rigorous imprisonment for six months vide judgment of conviction and order of sentence dtd. 6/5/1998 passed in Sessions Trial No. 39/1998 by Additional Sessions Judge, Dhamtari (C.G.).

(2.) Allegation against the appellant is that in the month of August, 1997 on account of illness of one Basantibai, she was taken for treatment to the hospital of Dr. Mortin by her brothers namely Basant, Jawahar & father- Ganeshram. On advice of the doctor, she was shifted to the Christian Hospital, Dhamtari, where she stated that she was treated by accused- Tilakram Sinha with intent to cause miscarriage and, thereafter she was shifted to Medical College, Raipur, where she died on 19/8/1997 during treatment. The FIR (Ex.P/6) was lodged by Assistant Sub-Inspector- Shri M. L. Pandey and after lodging of report, offence under Sec. 314 of IPC was registered against the accused/appellant. After completion of usual investigation, charge sheet was filed against the accused under Sec. 314 of Indian Penal Code.

(3.) During trial, charge under Sec. 314 of IPC was framed against the accused, who denied the charge leveled against him and pleaded innocence. In support of its case, the prosecution examined 09 witnesses whereas statement of accused person was recorded under Sec. 313 of Cr.P.C., in which he denied the incriminating circumstances appearing against him in the prosecution case and pleaded innocence. However, no witness was examined by him in defence.