TELANGA MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORDER :- The sole appellant has been convicted under Section 314 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for eight years and to pay a fine of Rs. 1,000/- and in default of payment to further undergo rigorous imprisonment for six months.

(2.) The prosecution was lodged on the basis of the fardbayan of the informant who is the father of the deceased lady and it has been alleged that there was love affair in between the deceased and the appellant and in that connection they had also developed physical relationship. It has been further alleged that due to his physical relationship the deceased became pregnant. It has been alleged that she used to occasionally visit the appellant at his house and stayed there for a couple of days. On 6-7-1992 the informant returned to his house from Maranghada market and was told by his wife that their daughter Suggi (deceased) had died in the house of the appellant at about 3 p.m. It has been further alleged that the deceased had gone to the house of the appellant on the night in between 31-5-1992 and 1-6-1992 and it is alleged that the appellant had administered her Herbal medicine for the purpose of abortion of her pregnancy. As a result of the said medicine the deceased had been vomitting and was having loose motion and she died on 6-6-1992 at about 3 p.m. It has been alleged that on 8-6-1992 the police came to the village where the statement of the informant i.e. the father of the deceased was recorded and on the basis of which F.I.R. was drawn up. After completion of investigation the police submitted charge sheet against the appellant. Accordingly, the cognizance was taken and the trial concluded with the result as indicated above.

(3.) The appellant pleaded not guilty and has stated that he has been falsely implicated in this case due to enmity.