Decided on March 05,1997

JALLO DEVI Appellant

Referred Judgements :-



A.L.Vaidya, J. - (1.)The present petitioner Smt. Jallo Devi appeared as a witness in a sessions trial No. 46-N/7 of 1990 decided on 4-5-1992. Raju and others were prosecuted in the said trial under sections 302/314/4 IPC. The prosecution case in that trial briefly was that on 13-5-1988 one Savitra was brought to the Civil Hospital, Paonta Sahib by accused Raju and Wahid alongwith the present petitioner Smt. Jallo Devi and had left her in the examination room of the lady doctor alleging that Savitra had been bleeding from her private part. The staff nurse on examination found, that lady had no pulse at which she informed. Dr. Divya Sharma who finding her dead informed the doctor Narang who sent the information to the local police. It was found by the police that Savitra had, been pregnant for six months, and was having illicit relations with accused Raju and Wahid and these two accused had taken her away from her house for getting, illicit child aborted, and had gone to one Dr. Sukhdev Mittal, who refused to carry out the abortion. They had then gone to accused Kikkar Singh a registered medical practitioner in Puruwala, where they tried to carry out abortion with various instruments but failed. Lady started bleeding and according to the prosecution the accused persons apprehended the death of the lady, she was administered aluminium phosphide and thereafter with the help of one trained mid wife Jalhi Devi had taken her in a three wheeler of one Pawan Kumar to the hospital.
(2.)The present petitioner Smt. Jallo Devi was examined as PW. 15 in the trial. During the investigation her statement under Section 164 Cr. P.C. was recorded before the Magistrate and she was also examined under Section 161 Cr. P.C. In the statement made under Section 164 Cr. P.C. which was exhibited as Ex. PW-15/B she had stated that she alongwith wife of Dr. Kikkar Singh, Raju and Wahid went to the hospital on the asking of Dr. Kikkar Singh and where in the hospital accused Wahid disclosed that Savitra was to be admitted in the hospital and she was his sister. Raju the other boy disclosed that Savitra was his wife. She also stated before the Magistrate that she has asked the sister to examine Savitra. Similar was the statement given by her under Section 161 Cr. P.C. During the trial of the case, she resiled from her statement made under Section 164 Cr. P.C. and also from the statement made under Section 161 Cr. P.C. She stated that she had disclosed to the police that Kikkar Singh accused came to her and asked her to take his wife for vaccination to the hospital and that she had met her and other accused Wahid and Raju in Pururwala Chowk where Savitra was placed in a tempo for being taken to the hospital for abortion. She further stated that she had been kept in the Police Station by the Thanedar who had threatened her to make a statement as recorded in ex. P-is/A (statement under Section 161 Cr. P.C.). She also stated, that her statement was recorded by the Magistrate but that was not voluntary one. According to her; Thanedar had threaten her to make that statement otherwise she was to be put behind the bar.
(3.)The learned Sessions Judge acquitted the accused persons and regarding this Julio Devi who appeared as PW-15 made a reference that her statement was found completely false which she made before court. The learned Session Judge, thereafter observed that as separate notice was being issued to her under Section 344 Cr. P.C. for action against her.

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