MANI RAM Vs. STATE OF C.G.

JUDGEMENT

(1.) In this criminal appeal, challenge is levied to the judgment of conviction and order of sentence dated 18-3-2002 passed by the IIIrd Addl. Sessions Judge, Bastar at Jagdalpur in Sessions Trial No. 302/2001 whereby and whereunder he convicted the appellant under Sections 314 and 315 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced him to undergo rigorous imprisonment for 10 years and 10 years respectively directing that they shall run concurrently.

(2.) It is admitted by the appellant that P.W.1 Ghasiram Mandavi, P.W. 3 Rameshwar and P.W. 4 Vishwanath know him and the deceased.

(3.) In brief, respondent's case is that the deceased was near about 25 years old and resident of Ward Achalapara, Dhanaura, Distt. Bastar. On 22-1-2001, at 7.00 P.M. appellant came to the house of the deceased and took the deceased with him. After some time, deceased returned back in her house and told her mother P.W.5 Smt. Danay Bai that she is feeling dizziness, she had illicit relation with the appellant and out of their relation she is carrying pregnancy of 3-4 months. The appellant had administered her country liquor mixing some bitter medicine. Said medicine was given to the appellant by co-accused Somaruram alias Thela. Thereafter, the deceased became unconscious. Smt. Danay Bai attempted to give solution of cumin and jaggery to the deceased for causing vomiting. After some time deceased died at about 11 pm. The Panchayat was held in village wherein appellant had admitted that the deceased was pregnant on account of illicit relationship between them, he had administered medicine mixed up with the liquor to the deceased. Uncle of the deceased P.W. 1 Ghasiram Mandavi lodged FIR in P.S. Dhanaura on 23-1-2001 at 10.40 am. After completion of the investigation charge sheet had been filed against the appellant and co-accused Somaruram alias Thela. The trial Court framed charges against the appellant and the co-accused Somaruram alias Thela for offences under Sections 376, 314, 315, 316, 302/34 of the I.P.C. In order to prove the guilt of the accused, the prosecution examined as many as 8 witnesses. The appellant and the co-accused abjured the charges levelled against them and faced trial. They did not examine any witness in their defence.