HASI MOHAN BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. Z. Kamar, learned counsel for the petitioner and Mr. K. Munir, learned Public Prosecutor, Assam.

(2.) IN Sessions Case No. 10/96 two accused appellants Hasi Mohan Barman and Abinash Biswas were tried by the learned Additional Sessions Judge, Kokrajhar (FTC) and on conclusion of trial both the accused were convicted under Section 313 IPC read with Section 34 IPC and sentenced to undergo imprisonment for 5 years and to pay fine of Rs. 7000/- each, in default, to undergo further imprisonment for one year and hence the present appeal.

(3.) PROSECUTION case, in brief, is that accused Hasi Mohan had love affair with the informant Haleswari Barman (PW1) which extended to physical relationship and as a result of which, the PW-1 became pregnant. Thereafter, the villagers forced Hasi Mohan to marry PW-1. But, after some time, the husband Hasi Mohan asked the PW-1 to abort the child, which PW-1 refused to do. Thereafter, on the night of occurrence, the accused Hasi Mohan forcibly took her to the pharmacy of the co-accused Abinash Biswas, who administered certain injection and whereupon the PW-1 became unconscious and the child was aborted. She was administered saline etc. and the accused Hasi Mohan kept her at 'pampghar' for about 9 days wherefrom she was taken to her parents house. Subsequently, she filed complaint that her abortion has been caused without her consent. The Doctor examined the victim and the police submitted charge sheet. Initially, the case was charge sheeted against the accused Hasi Mohan Roy @ Barman only and the case was committed to the Court of Sessions. Thereafter, on the prayer of the Public Prosecutor, the learned trial Court summoned accused appellant Abinash Biswas under Section 319 Cr. P. C. vide order dated 07. 04. 1997 and thereafter the trial Court proceeded against both the accused persons.