STATE OF UTTARANCHAL Vs. NAJMA BEGUM
LAWS(UTN)-2013-5-62
HIGH COURT OF UTTARAKHAND
Decided on May 22,2013

STATE OF UTTARANCHAL Appellant
VERSUS
Najma Begum Respondents

JUDGEMENT

Umesh Chandra Dhyani, J. - (1.) A complaint was written by Brij Mohan on 13.09.1994 to Inspector In -charge, Kotdwar, District Pauri Garhwal against Najma Begum, staff nurse, Government Combined Hospital and Saroj Sharma, staff nurse, Government Combined Hospital in relation to offences punishable under Section 304 I.P.C. It was mentioned by Brij Mohan in his complaint (Ext. Ka -1) that his sister Kanta Rawat, wife of Brij Mohan Singh Rawat, resident of village Padam Pur Sukhero, Kotdwar, District Pauri Garhwal came to Government Combine Hospital, Kotdwar in the evening of 12.09.1994. Staff nurses Najma Begum and Saroj Sharma took Kanta Rawat to Najma Begum's residence. The accused persons voluntarily caused Kanta Rawat with child to miscarry (abort). Kanta Rawat died during such miscarriage/abortion. When she died, her husband was forced to take the dead body to his home. A request was made to the Inspector In -charge, Kotdwar to take legal action against the staff nurses.
(2.) AFTER the investigation, a charge sheet (Ext. Ka -7) was filed against Najma Begu, and Saroj Sharma both the staff nurses of the Government Combined Hospital, Kotdwar in respect of offence punishable under Section 304 I.P.C. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charge for the offence punishable under Section 304 I.P.C. read with Section 34 I.P.C. was framed against the accused persons, who pleaded not guilty and claimed trial. Six witnesses, namely, P.W. 1 Brij Mohan Gusain (brother of the deceased), P.W. 2 Brij Mohan Singh Rawat (husband of the victim), P.W. 3 Urmila Devi, (attendant) P.W. 4 Kusum Lata (Health Worker), P.W. 5 S.S. Gusain (Chief Pharmacist) and P.W. 6 S.I. Man Singh (I.O.) were examined on behalf of prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in which they denied the allegations levelled against them and also said that they were falsely implicated in this case. Najma Begum admitted that she was posted as staff nurse in the Combined Government Hospital, but she, expressed ignorance to some allegations and denied other allegations levelled against her. Co -accused Saroj Sharma also admitted that she was posted in Government Combined Hospital on 12.09.1994 as staff nurse, but said July, 2001, present Government Appeal was preferred against the respondent Najma Begum. No Government Appeal was preferred against co -accused Saroj Sharma that sue was deputed to work in operation theatre. She also said that she was falsely implicated in this case on account of discrimination. No evidence was given in defence. After considering the evidence on record, learned Sessions Judge, Pauri Garhwal did not believe the prosecution story and exonerated Najma Begum and Saroj Sharma of the charges levelled against them. Aggrieved against the impugned order dated 23rd.
(3.) P .W. 1 Brij Mohan Gusain was brother of the deceased, who set the criminal law into motion. He supported the prosecution story and said that his sister died on 12.09.1994 in a Government Combined Hospital, Kotdwar where she had gone for miscarriage/abortion. The lady doctor was not available in the hospital. She had gone on leave. Staff Nurse Najma and Saroj were present in the hospital, who demanded Rs. 300/ - from the victim and caused miscarriage/abortion resulting into the death of the victim. Both the staff nurses asked P.W. 2 (husband of the deceased) to take the victim. She was projected to be unconscious by the staff nurses. When the husband of the victim took the victim to house, it was reveled that she was already dead. The husband of the victim contacted the staff nurses but they refused to attend the victim. P.W. 1 proved complaint (Ext. Ka -1). P.W. 1 also met the CMS of the Hospital, who sought explanation from the staff nurses. Said explanation was paper No. 6A/3. (original not brought on record).;


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