PATO DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed by the appellants named above against the judgment and order dated 29/06/1996 passed in S. T. No. 24 of 1991 by Sri Gopal Prasad, 6th Addl. Sessions Judge, Palamau at Daltonganj whereby all the appellants were found guilty for the offence punishable under S. 313 or in the alternative u/S. 315, IPC and they were convicted and sentenced to undergo R.I. for two years.

(2.) The prosecution case has arisen on the basis of the fardbeyan of P.W. 3 Kanta Devi, the informant, wife of P.W. 8, Jageshwar Sao recorded by the Sadar Police Daltonganj in the Sadar Hospital at Daltonganj on 19-5-1990 at 19.00 hours regarding the occurrence which is said to have taken place on 18-5-1990 at 6.00 p.m. in Village Sinduria, P.S. Sadar, Daltonganj.

(3.) The prosecution case in brief is that appellant Pato Devi, wife of Rameshwar Sao told the informant that her ox has caused damage to her eucalyptus tree which has been denied by the informant as her ox was tied with the peg and on that an altercation took place between them. It is alleged that appellant Pato Devi felled her on the ground and started assaulting the informant on her womb. The prosecution case further is that appellants Lal Bihari Sao, Kameshwar Sao and Mahendra Sao came there running and they also assaulted her on her womb by fist and kick. It is also alleged that the informant was in the family way at that time having six months' pregnancy. It is also alleged that the informant has become senseless and when she regained senses at 8 O'clock in the night she found that she has already miscarried. The husband of the informant came in the following morning and he was reported about the occurrence and he brought the informant to the Hospital for treatment.