SATISH BALASAHEB GAWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application is filed under Sec. 482 of the Code of Criminal Procedure (Cr.P.C.) seeking to challenge FIR registered against the applicant with Pimpalner Police Station, Tq. and Dist. Beed, vide Crime No.70/2022 for the offence punishable under Ss. 304, 312, 314, 315, 316, 420, 201 read with Sec. 34 of the Indian Penal Code (IPC), Ss. , 3, 4(B), 5 of the Medical Termination of Pregnancy Act (MTP Act) and Ss. 3, 3(A), 5, 6, 23, 25 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act) along with Sessions Case No.254/2022 pending on the file of the learned Additional Sessions Judge, Beed, which is registered pursuant to the said FIR.

(2.) The FIR is lodged by one Mahadeo Nanasaheb Dhakane, who is serving as Police Sub-Inspector at Pimpalner Police Station.

(3.) As per the contents of the FIR, an Accidental Death Case with respect of demise of one Sitabai Ganesh Gade was registered on 6/6/2022, under Sec. 174 of the Cr.P.C., vide A.D. No. 14/2022 with Pimpalner Police Station. The said matter was handed over for investigation to one B.G. Aghav, Assistant Police Inspector with the said Police Station. During the course of investigation, it was revealed that deceased lady Sitabai Ganesh Gade had died due to "hemorrhagic shock due to intraperitoneal haemorrhage due to traumatic uterine perforation". The doctors conducting post-mortem opined that the death was caused due to excessive bleeding on account of abortion of fetus. Interrogation of the brother of the deceased revealed that deceased had three daughters and her in-laws as also family members on the paternal side desperately wanted a male child. She was carrying 18 weeks pregnancy in June, 2022. The family members learnt that one Dr. Manisha Shivaji Sanap conducts sex determination tests and accordingly, they approached her for determination of sex of fetus and found that it was of female child. Realizing this they approached a nurse named Seema for carrying out abortion. The abortion procedure was conducted on 5/6/2022, after which the deceased died due to excessive bleeding. On the basis of aforesaid facts detected during investigation, respondent No.2 lodged FIR in the matter.