NIMAI RAWANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Arwind Kumar, learned counsel appearing for the appellant and Mr. Pankaj Kumar, learned P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 13/2/2017, (sentence pronounced on 17/2/2017) passed by Shri Kumar Dinesh, learned District and Additional Sessions Judge- III, Dhanbad in connection with S.T. No. 547/09 whereby and whereunder the appellant has been convicted for the offences punishable under Sec. 302/313 IPC and has been sentenced to undergo rigorous imprisonment for life and a fine of Rs.10,000.00for the offence under Sec. 302 IPC and rigorous imprisonment for ten years and a fine of Rs.10,000.00for the offence under Sec. 313 IPC and in default in payment of fine to undergo simple imprisonment for a further period of six months.

(3.) The case of the prosecution arises out of the Fardbeyan of Anita Devi recorded on 14/6/2009 wherein it has been stated that about 2-2 and 1/2 months back, she fell ill and she had gone for a treatment to Saraswati Clinic belonging to the appellant-Nimai Rawani. She was pregnant and was suffering from stomach pain. The accused/appellant without her consent operated upon her and aborted the fetus. This resulted in deterioration in her health condition and she was taken to Nikhil Nursing Home where she is being treated.