DR RAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has been challaned under section 314 IPC. and he is in the lock up since 19.1.1985. Smt. Brijinder Kaur, since deceased, was married to the petitioner. She had two months old pregnancy. She was admitted in Civil Hospital, Mansa on 26th September, 1982 and was shifted to C.M.C. Hospital at Ludhiana on 28th September, 1982 for vomiting, abdominal pain and bleeding P/V which started on 26th September, 1982 in the morning, where she unfortunately expired on 30th September, 1982.

(2.) ACCORDING to the post mortem examination, the death was due to septicaemia and haemorrhage due to excessive bleeding from the vagina. However, after expiry of one month Vaid Sulakhan Singh, father of Smt. Brijinder Kaur submitted a complaint to the Prime Minister of India with a copy to the Director of Health Services, Punjab, I.G. Police, Punjab etc. The Director of Health Services sent the copy of the complaint to the Civil Surgeon, Ludhiana for enquiry and report. According to the report of Civil Surgeon, Smt. Brijinder Kaur was admitted with the history of 2 -1/2 months pregnancy with bleeding as a case of inevitable abortion and bleeding for one day, the patient being in shock at the time of admission for which supportive therapy was given and evacuation was done after which the bleeding is reported to be controlled as recorded in the history sheet.

(3.) THE Civil Surgeon opined that it was difficult to say that this abortion occurred naturally or has been induced. Consequently, the first information report was registered at Police Station Maur on 11th November, 1984. As pointed out by me, the first information report is lodged in the case after a lapse of about two years and that the first complaint made by the father of the deceased was after slightly more than a month. Keeping in view these facts and the post mortem report, without expressing any opinion on the merits of the case, I allow bail to the petitioner to the satisfaction of the Chief Judicial Magistrate, Bhatinda. However, the petitioner would not leave the country without the permission of the Court and it is ordered that before he is released on bail his passport be got deposited in the Court of Chief Judicial Magistrate, Bhatinda. Order accordingly.