BHAGIRATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BHAGIRATH appellant, has by way of this appeal challenged his conviction and sentence of R.I. for three years and fine of Rs. 2000/ -, in default R.I. for six months under section 313 IPC recorded by the learned Additional Sessions Judge, Hissar vide his order dated 22.11.1984.

(2.) AS per the prosecution case, there was criminal litigation going on between husband of Mst. Imarti PW on the one side and the appellant on the other side. On 4.6.1983 at about 3 -00 P.M. Mst Imarti was coming from the Bazar after making some purchases. She was having two months old pregency. The appellant is alleged to have given a kick hitting Mst. Imarti in her abdomen. She went to Civil Hospital, Fatheabad where she was medically examined by Dr. Geeta Chaudhary, PW 1 on 4.6.1983 at 5 -00 P.M. She found the following injuries on the person of Mst. Imarti : - 1. Abrasion 1 -1/2"X1" oval shaped 1" below the perineum on medical side of the left thing, red in colour. 2. Complained of serve pain with tenderness over abdomen and painful movement at hip joint and knee joint. After she was medically examined she aborted at 6.00 P.M. The doctor opined that the abortion was due to these injuries.

(3.) IT is nobody's case that the appellant had the knowledge that Mst. Imarti had two months old pregency. Otherwise also two months old pregnancy would not be visible to the naked eye. In this situation I don't think the conviction of the appellant under section 313 IPC can be sustained. The conviction of the appellant under section 325 IPC would have been the proper course and on the charge the appellant has been acquitted by the trial Judge. The State has not come in appeal against the said order.