MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been, directed against the judgment dated 16.5.1994 passed by the learned Sessions Judge, Dungarpur in Sessions Case No. 69/93, whereby he convicted appellant Mohan for the offence under section 304 Part II I.P.C. and sentenced him to four years rigorous imprisonment and a fine of Rs. 500/-; in default to further under go three months simple imprisonment.

(2.) Briefly the case of the prosecution is that on 19th August, 1993 at about 12 noon, appellant inflicted fist and kicks blows to his wife Smt. Kamali, who was pregnant and caused her death. The S.H.O., Police Station, Dhambola received a wireless message from police out post, Venja, about the alleged incident Thereupon he rushed to the spot, where Thana gave him oral information and details about the incident Ext. P. 6 and on that basis formal F.I.R. Ex. P. 7 was drawn.

(3.) P.W. 14 Dr. Daljeet Jadav, Medical Officer, P.H.C. Simalwada conducted the postmortem examination on the dead body of deceased Smt. Kamali and found that there was no external injury on her stomach, but there was laceration on her liver in the area 4 x 3 x 3 cm. Her spleen had laceration measuring 3 x 1/2 x 1 cm. He also found that Smt. Kamali was having a pregnancy of about 4, 5 months. The doctor, therefore, opined that her death was caused due to hemorrhagic shock secondary to rupture of her liver and spleen. After usual investigation, police filed the challan in the court of learned Munsif & Judicial Magistrate, Sagwada, who committed the case to the learned Sessions Judge, Dungarpur.