BAKULABEN ALIAS ONEIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Appellant Dr.Bakulaben came to be convicted for the offence of causing death caused by her act done with an intent to cause miscarriage of deceased Nitaben wife of Nareshchandra Govindrao Pendke P.W.1 under sec. 314 of the Indian Penal Code.

(2.) A resume of the material facts leading to the rise of this Appeal may be narrated at this stage first. The prosecution inter alia alleged that appellant Dr.Bakulaben who is original accused is a practising Doctor holding a Degree of B.A.M.S. She is running a Nursing Home in the name and style of Amit Prasuti Gruh near Bapunagar Cross Road Ahmedabad. The complainant one Mr. Nareshchandra G. Pendke had taken his wife Nita to the accused at the said Nursing Home on 11th October 1984 for abort on as the couple had two surviving children (one son and one daughter). Bai Nila was required to be operated for aforesaid two deliveries and therefore she did not desire to have a 3rd child though she was pregnent. Therefore it is the case of the prosecution that Bai Nila insisted for abortion and therefore she and her husband went to Dr.Bakula on 11th October 1984 for abortion.

(3.) The appellant-accused Dr.Bakula agreed to perform abortion on taking fees of Rs. 200/-. Bai Nita was taken to the Operation. Theatre and the abortion was performed and she was discharged on the same day. According to the case of the prosecution deceased Bai Nita complained abdominal pain and bleeding and therefore she was taken again to the Nursing Home of accused on the next day i.e. on 12th October 1984. Accused Dr.Bakula gave one injection and prescribed medicines. However the bleeding did not stop and the said medicine did not respond. Therefore the complainant- husband of deceased Nita contacted family doctor Dr.Desai. Upon the advise of Dr.Desai deceased Nita was shifted to the Civil Hospital. Ultimately Bai Nita died on 15 October 1984. In short the prosecution case is that the death of Bai Nita was caused by the act done by accused Dr.Bakula with an intent to cause miscarriage and therefore she is guilty of an offence punishable u/s.314 I.P.C.