YADEO RAO Vs. STATE OF M P

JUDGEMENT

(1.) IN this appeal preferred under Section 374 (2) of the Code of Criminal Procedure (hereinafter referred to as 'the Cr. PC') the appellants, two in number, have called in question the legal propriety and validity of the judgment of conviction and order of sentence passed by the learned Sessions Judge, Balaghat, in Sessions Trial No. 109/88, whereby he has convicted the appellatns of an offence punishable under Section 314 of the Indian Penal Code (in short 'the IPC') and sentenced each of them to undergo rigorous imprisonment for a term of four years.

(2.) THE prosecution case, in brief, is that Jaiwanti Bai, the deceased had married two scores before the date of occurrence hut after one year of solemnisation of marriage her husband deserted her on the ground that she had certain defects in her legs. Being deserted by her husband, having no other option, she came to stay with her brother, Harchandra. She had been sleeping with Kamlabai at the house of the latter. On 25-4-1988 when she came to the house of her brother she was in tremendous physical pain which persuaded Harchandra to call the Kolwar, Sadaram and thereafter inquired from her about the reason of her pain and at that stage she mentioned that the accused-Lakharam had made her pregnant. It was also stated by her that Koturam Pendhariya and Lakharam in order to get an operation done called Dr. Turkar to the house of Kamlabai and the said doctor administered an injection and gave her some pills to be taken. After availing this treatment her pain increased. On the basis of the statement made by the Jaiwanti Bai, the deceased, Patel Tcjram prepared the report vide Ex. P-2 and gave it to the Kotwar, Sadaram to file in the concerned Police Station. On the next day the Kotwar-Sadaram went to the Police Station situate at Kiranapur and submitted the report to the Sub-Inspector of Police, A. R. Tiwari, who registered it as required under law. Further case of the prosecution is that the said Jaiwanti Bai was initially treated at the Primary Health Centre, Kiranapur. The lady doctor in the said hospital treated her and submitted her report and thereafter, she was taken to the hospital at Balaghat and eventually, she breathed her last on 26-4-1988due to scpticemia. The post-mortem was conducted by Dr. (Smt.) Basant Lata Dubcy (P. W. 5 ).

(3.) THE prosecution examined the witnesses under Section 161 of the Code, complied with the formalities and eventually filed the charge-sheet under Section 314 of the IPC in the Competent Court which in turn, committed the matter to the Court of Session.