MAHESH GOVINDBHAI BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal challenges the judgment and order rendered by the Ld. Fast Track Judge, Court No. 5, City Civil and Sessions Court, Ahmedabad, on 13/10/2006 in Sessions Case No. 234 of 2005.

(2.) THE appellants were accused nos. 1 and 2 before the trial Court. They came to be tried along with 4 other accused, namely, Godavariben Maneklal, Vidhyaben Nandkishor, Amrutbhai Vithhalbhai Patel and Manubhai Nathaji, original accused nos. 3,4, 5 and 6 respectively, for offences punishable under sections 304-A, 313, 314, 498-A and 114 of the Indian Penal Code [ipc].

(3.) AS per the prosecution case, appellant original accused no. 1 was married to Ashaben somewhere in 1997. Appellant no. 2 is mother of appellant no. 1. It is the case of the prosecution that appellants nos. 1 and 2 had a strong desire for a male child through deceased Ashaben. She then conceived, later they came to know that foetus was that of a female child and, therefore, they have resorted to witchcraft and ultimately got the foetus aborted with help of original accused Godavariben and Vidhyaben. Godavariben and Vidhyaben were working as midwives but were not qualified. Because of abortion caused by them of Ashaben, Ashaben started bleeding profusedly. It is the case of the prosecution that the appellants instead of taking deceased Ashaben to qualified doctor, they took her to accused no. 5 - Amrutbhai Vithhalbhai, who did not give appropriate treatment which ultimately resulted into death of Ashaben, which took place on 2/8/2000. The miscarriage occurred on 31/7/2000.