BABIYA CHAUDHRI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 31.10.2011, passed by the Additional Sessions Judge, Nagod, District Satna in ST. No.08/2009 whereby the appellants were convicted for offence punishable under Section 314 read with Section 34 of I.P.C and sentenced for 5 years rigorous imprisonment with fine of Rs.1000/-, failing to deposit the fine three months additional rigorous imprisonment.

(2.) THE prosecution's story in short is that on 4.7.2008, one deceased Gyanti who, was admitted in the hospital died during the treatment and therefore a Merg report was directed to the Police Station, Nagod. In enquiry it was found that the deceased was being called by the appellant no.1 Babiya Chaudhri in her house and thereafter, Mukesh Chaudhri was committing rape with her. Such type of incident was repeated for so many times. Ultimately, Gyanti became pregnant and therefore, the appellants tried to get her abortion in the house of Sharmila Begum. Ultimately, she was admitted in the Community Health Centre, Nagod in a serious condition where she died. After due investigation a charge sheet was filed before the JMFC Nagod who, committed the case to Sessions Judge, Satna and ultimately it was transferred to Additional Sessions Judge, Nagod.

(3.) I have heard the learned counsel for the parties.