DALIP Vs. STATE GNCT OF DELHI

JUDGEMENT

(1.) Challenge in this appeal is to a judgment dated 2.11.2012 of learned Additional Sessions Judge in Sessions Case No.40/11 arising out of FIR No.134/11 registered at Police Station Nabi Karim by which the appellant-Dalip was held guilty for committing offences under Sections 315/323 IPC and awarded rigorous imprisonment for five years under Section 315 and rigorous imprisonment for six months under Section 323 IPC. Both the sentences were to operate concurrently.

(2.) The prosecution case, as projected in the charge-sheet, was that in a quarrel on 04.08.2011, Dalip hit a leg blow on the stomach of his sister-in-law Reena with an intention to prevent the child from being born alive. He also caused injuries to her husband Parveen. During the course of investigation, statements of witnesses conversant with the facts were recorded. MLC of the victim was collected. The accused was arrested and charge-sheeted. In 313 statement, he denied his complicity in the crime and examined his mother DW-1 (Munni Devi) in defence. The trial resulted in his conviction for the offences mentioned aforesaid. Being aggrieved and dissatisfied, the appellant has filed the appeal.

(3.) I have heard the counsel for the parties and have examined the record. The appellant and the victim are closely related to each other. Reena-complainant is the wife of Praveen (appellant's brother). They all lived at House No.523, Gali No.1, Krishna Basti, Amar Puri, Nabi Karim on the day of incident. The top floor was in the occupation of the complainant and her family. The accused and his parents lived on the third floor. On a trivial issue, an altercation took place between Praveen and Dalip and his parents when Praveen while under the influence of liquor intended to go upstairs with shoes smeared in mud. It is alleged that in the said scuffle, Dalip hit on the nose of Praveen and he started bleeding. The complainant-Reena came down-stairs on hearing the commotion and intervened to rescue her husband. It is alleged that the appellant gave a leg blow on her abdomen. The facts further reveal that no complaint was lodged for the said incident with the police. The complainant took her husband Praveen to Lady Harding Medical College at around 11.40 P.M. where he was medically examined vide MLC (Ex.PW-1/A) by PW-1 (Dr.Shakuntla). The nature of injuries was ascertained 'simple caused by blunt object.' It appears that on the night intervening 4/5-8-2011, complainant-Reena developed some complications and started bleeding. She was taken to Lady Harding Medical Collecge by her husband-Praveen on 05.08.2011 at around 07.00 p.m. and was medically examined vide MLC (Ex.PW-2/A) by Dr.Seema. On examination, she found that there were no external injury but bleeding per vagina was there. PW-4 (Dr.Richa Aggarwal) examined her on 06.08.2011. Ultrasound report was suggestive of incomplete abortion with retained product of conception. On 06.08.2011 after recording Reena's statement (Ex.PW-5/A), the investigating officer lodged First Information Report by sending rukka (Ex.PW-12/B) at 10.10.p.m. In the complaint, she disclosed that leg blow on her stomach was given by the appellant with an intention to cause miscarriage.