RAM LAKHAN MEHTA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant Ram Lakhan Mehta has assailed his conviction under Section 314 of the Indian Penal Code by the Additional Sessions Judge, F.T.C. No. -III, Daltonganj who has sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/ -, in default, to suffer rigorous imprisonment for one year. The prosecution case, which is based on the information of Baidnath Mehta (P.W. 2) the husband of the deceased, is that on 9.3.2001 at about 4 p.m. one Alkari Devi came to his house and persuaded his wife Kalawati Devi to go to the clinic of Ram Lakhan Mehta, the appellant, for termination of her pregnancy. The informant asked his wife not to take risk as it was four months pregnancy and thereafter went outside. When in the evening at about 6 p.m. he returned, his wife was not present in the house and on enquiry his minor son informed that said Alkari Devi had taken his mother with her. He immediately went to the clinic of the appellant where he found the dead body of his wife. He informed the villagers and they all came to the house of the appellant. It is also alleged that with the help of villagers he took the dead body of his wife to the police station on 10.3.2001 i.e. on the next date whereafter Hussainabad P.S. Case No. 29 of 2001 dated 10.3.2001 was registered against the present appellant and Alkari Devi under Sections 314/316 of the Indian Penal Code.

(2.) AFTER completion of the investigation, charge -sheet was submitted against both the accused persons under Sections 314/316 of the Indian Penal Code. Accordingly, charges were framed against the two under the above provisions of I.P.C.

(3.) THE principal ground canvassed by Shri Kashyap, the learned senior counsel appearing for the appellant is that there is no evidence on the basis of which it can be conclusively established that the present appellant did any act that could have resulted in the death of Kalawati Devi, the deceased. For this purpose, he has minutely analyzed the oral evidence of the prosecution witnesses. Shri Kashyap relying upon ingredients responsible to constitute offence under Section 314 of the Indian Penal Code further submitted that it is essential for the prosecution to demonstrate that death of the deceased Kalawati Devi was on account of the act committed by the present appellant but none of the evidence supported the prosecution version and the evidence does not inspire any confidence whatsoever. Shri Kashyap further relying upon the crucial evidence of doctor (P.W. 9) submitted that the doctor has not found any external or internal injury rather found the foetus of 12 weeks size intact and there was no any abrasion or laceration or any injury in vagina, cervix or uterus even the foetal membrane was intact and according to the doctor the deceased was not suffering from bleeding problem prior to her death and the evidence of the doctor completely demolishes the prosecution story of abortion. Learned counsel relying upon judgment reported in : 1993 Cri.L.J. 722 in the case of Vatchhalabai Maruti Kshirsagar v. The State of Maharashtra submitted that nexus between acts done by accused and death of woman must be direct for convicting the accused.