VATCHHALABAI MARUTI KSHIRSAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SECTION 314 of the Indian Penal Code prescribes that if an act is done with the intent of causing the miscarriage of a woman with a child, and it results in the death of such woman, that the accused shall be punished in the manner prescribed by that Section. The issue canvassed in this appeal centres around the question as to whether the accused, who undoubtedly attempted to cause a miscarriage of a pregnant woman, but was unsuccessful in the process, and was convicted for the death of the person was rightly held guilty, when it was demonstrated that the girl had died several weeks later of septicemia without it having been established that the accused was in any way responsible for her fatal condition. Conversely, merely because there was a time-lag between the date when the deceased was treated and the subsequent death and the unfortunate situation that adequate and proper surgery and corrective action was not made available to the deceased, could it exonerate the accused from the liability under this Section. On these points canvassed in the present appeal, which are of far reaching importance and for purposes of their resolutions, a reference to the material aspects of the case is essential.

(2.) THE appellant, a nurse, has assailed her conviction under Section 314 of the Indian Penal Code by the learned 3rd Additional Sessions Judge, Satara, who has sentenced her to suffer rigorous imprisonment for 4 years and to pay a fine of Rs. 200/-, in default, to suffer rigorous imprisonment for one week.

(3.) THE Prosecution alleges that a resident of Karad, an unmarried girl by the name of Prabhavati, found herself pregnant and that she suppressed this fact for a few months until it became no longer possible to conceal the pregnancy. She mentioned her problem to her sister Shanta (P. W. 4) who, in turn, happened to talk to her colleague in the printing press Hasina (P. W. 3 ). As a result of the consultations, Prabhavati and Shanta went to consult Dr. Kolekar. It is alleged that the accused was working as a nurse in that hospital. Since the doctor was not available, the accused is alleged to have volunteered to help Prabhavati for a much smaller fee. The accused is alleged to have taken the girl on 22-11-1983 to the room of one Wankundare and it is further alleged that she gave an injection on the abdomen of Prabhavati. It further appears that on the next day some intravenous saline was administered and the Prosecution alleges that since the abortion had not taken place on 23-12-1983, the accused attempted to induce an abortion by using forceps and a tube. When this process was not successful, Bhanudas Amalkar (P. W. 9), who had been styled at some parts of the record as a doctor, but, in fact, at the highest, was an attendant in a hospital, was requested to assist. He did not do anything on the evening of that day, but it appears that on the next day, he was alone with the deceased administering certain treatment for about 2 hours as a result of which the abortion finally resulted.