V MANICKAM PILLAI Vs. STATE

JUDGEMENT

(1.) THIS is an appeal filed by Manickam Pillal, P. W. I. (Complainant) against the order of the Court of Session. West Thanjayur Division, Thanjavur, acquitting Kaliammal alias Kalimuthu on an offence under Section 314 of the Indian Penal Code.

(2.) THE accusation against her is that on 24-11-1969 at about 7 p. m. at Orathanad she administered some substance with intent to cause miscarriage of one Padmavathi in the house of the 2nd accused Solai Ammal. which caused the death of the said Padmavathi, The 2nd accused was acquitted by the trial Judge.

(3.) MANICKAM Pillai (P. W. 1) and his wife Rathinathammal (P. W. 5), his son Thangavelu (P. W. 4 ). his daughter-in-law Padmavathi (deceased), and his pangalis are living in the same house at Orathanad. Padmavathi was the wife of P. W. 4. They have got two daughters. Padmavathi was pregnant (four months) in November 1969. On 24-11-1969 at about 7. 30 P. M. Rethinathammal, P W. 5 told her husband P. W. 1 that Padmavathi was complaining of acute stomach pain and asked him to enquire. Accordingly. P. W. 1 enquired the said Padmavathi. She told him that the 1st accused gave some medicine to her in the house of the 2nd accused to cause miscarriage, that she agreed to pay Rs. 40/- for the said purpose and paid Rs. 15/as advance. Thereupon P. W. 4 fetched the 1st accused and she admitted that she gave medicine to Padmavathi to cause miscarriage. To cure the stomach pain the 1st accused prescribed some medicine in writing. P. W. 4 went to Santha Pharmacy at Orathanad and brought the medicine. When the 1st accused told P. W. 1 that the said medicine was for inducing sleep, he did not give that medicine to Padmavathi. Then the 1st accused stated that Padmavathi' should be taken to the hospital at Thanjavur in a taxi. Accordingly, Padmavathi, P. Ws. 1, 4 to 6 and the 1st accused left Orathanad in a taxi for Thaniavur and reached the R. M. Hospital at Thaniavur at about 10. 30 p. m. on 24-11-1969. Padmavathi was admitted into the hospital at about 11. 15 p. m. P. W. 3 Dr. Jaganamohini. was on duty in the Labour Ward at the time of her admission. P. W. 3 enquired the patient Padmavathi as also the 1st accused. Padmavathi told her that the 1st accused induced abortion. The 1st accused respondent admitted it and she even demonstrated before P. W. 3 as to how she did it. Since Padmavathi was dangerously ill P. W. 3 put her in the dangerously ill list, on 25-11-1969 at about 8. 30 A. M. when P. W. 2. the Civil Assistant Surgeon and Head of Department of obstetrics and gynecology came for ward rounds, P. W. 3 informed her about the condition of Padmavathi. P. W. 2 (Dr. Mrs. Phillips) enquired Padmavathi and also her relatives as to who induced the abortion. Ex. P. 3 (series) is the case sheet relating to the said Padmavathi. Ex. P. 4 is the complaint dated 25-11-1969 sent by P. W. 2 against the 1st accused, who is working as Female Woman Orderly in the Leprosy Centre at Orathanad. to the District Medical Officer. Thaniavur at Nagapattinam. Padmavathi died in the hospital on 26-11-1969 at 12. 55 P. M. Ex. P. 2 is the death certificate. P. W. 1 preferred a complaint Ex. P. 1 to the Orathanad Police on 27-11-1969. Since the said complaint disclosed a non-cognizable offence, the Police did not take action. Thereupon P. W. 1 preferred a complaint against the accused before the Sub Magistrate. Pattukottai. Undoubtedly all these facts have been proved by the prosecution