BHELKA Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANTS Bhelka and Ashok Kumar have been convicted under Section 376 (2)(g) IPC and sentenced to rigorous imprisonment for ten years and to a fine of Rs. 1,000/ -.

(2.) DECEASED Leelabai, aged about 50 years, was mother of Vimla Soni (PW 7) and was living with her in Gandhi Nagar Ward, Jagdalpur. On 10.8.1996 at about 7 p.m. Leelabai left her house to bring medicine for her daughter. Prosecution case is that accused Bhelka took Leelabai from her house in his rickshaw. He was residing near the house of the deceased. Leelabai did not return to her house in the night. Next day in the morning Vimla Soni (PW 7) learnt from another woman that her mother is lying in an unconscious condition in Ganga Munda market. She went there and found her mother. She brought her to her house. She continued to remain unconscious upto 15.8.1996.

(3.) THE appellants were charged for the offences punishable under Sections 376(2)(b) and 302 Indian Penal Code by the trial Court. After appreciation of the evidence on record the trial Court acquitted the appellants for the offence punishable under Section 302 IPC on the ground that they cannot be held liable for causing the death of Leelabai as there was no definite evidence on that point.