Das, J. - (1.) This is an appeal against conviction under Sections 314, 304 and 201 of the Indian Penal Code. The appellant was sentenced to rigorous imprisonment for ten years under both the Sections 304 Part II and 314 of the Indian Penal Code. No separate sentence was passed under Section 201 of the Indian Penal Code.
(2.) What happened is as follows :- The deceased Minati Nundi was a school teacher at Naihati and she was preparing for her Degree Examination in arts. She married one Dibyendu Pal of Naihati under the Special Marriage Act without the knowledge and consent of the parents. They visited each other after the marriage and as a result Minati conceived in April 1962. Minati thereafter took care of hide her pregnancy from all her relations and told her husband to go to Jamshedpur to find out a job for her. For the purpose she gave him Rs.100/- and Dibyendu left for Jamshedpur. Thereafter she became very much restive and at one stage decided to end her life by drowning herself into the Ganges. She was saved by a friend and suggested that she could get rid of the child with the help of a doctor. She is P.W. 18 and she met P.W. 3 Ashit, an Engineering student and enquired of him if he could find a competent doctor to help Minati. P.W. 3 denied any acquaintance with any such doctor, but he told her that he would consult P.W. 11, his friend Ajay Banerjee. One or two days after Ashit came to Minati's house and told that Ajay alias Bhandool had spoken to the appellant and that Minati could consult him over the ailment. Thereafter Mintai with P.W. 18 Mira and P.W. Ashit went to appellant Amulya doctor's house where his dispensary was located. P.W. 11, Ajay, also joined them and Minati was introduced to the doctor who was a homoepath. The doctor examined her and then suggested that she might be better examined on the next day. Next morning which was a Sunday Minati and Mira went to Amulya doctor and was joined by Ashit and Ajay at the dispensary according to previous arrangement. The doctor examined Minati while Mira was waiting outside and told that she was quick with child and that it was two to three months old. The doctor enquired if she was married and thereafter the doctor was paid Rs.30/- towards purchase of medicine. She was asked to come to the doctor's dispensary one day later i.e. on 17.12.62 at 9/9.30 a.m. Thereafter it was arranged between Minati and Mira that Minati would come to Mira's house, but she proceeded alone towards the appellant's dispensary. On the way, she requested ashit to accompany her, but Ashit tried to avoid. He then went to Ajoy's dispensary at about 10 A.M. and arrived at the appellant's dispensary with Ajay. Minati was then sitting on a bench and the appellant and his son were present there. They noticed some surgical instruments on the table and Ashit enquired as to what the homoeopathic doctor would do with the surgical instruments. But the appellant asked him to mind his own business. Ashit and Ajoy were then asked to stay outside. Minati came inside and the door was closed from within. After about 15 minutes the doctor came out with a rubber tube about 1 yard in length. His countenance fell and the expression that he put on at that time was one of despair. He told that Minati's respiration was failing and that oxygen could have been valuable at that hour. Ajay then ran to the municipal office for oxygen which he could not procure without a prescription and the requisite hire-charge of Rs.8/-. Meanwhile Ashit proposed calling another doctor but the appellant did not agree. They then went inside and found Mintai lying motionless on a bench. Ashit and Ajay were then threatened not to make any disclosure. Mira also came to the doctor's dispensary on hearing from Ashit that Minati was lying in a precarious condition at the dispensary. She found the main door closed and went through the back door and she was similarly threatened. She found Mira lying motionless on her back in the outer chamber of the dispensary. Mira was detained for some time and asked to keep it secret on pain of disfiguration of her face by acid thrown at her by one of the retained goondas of the doctor. Thereafter on July 20, 1962 a report appeared in the newspaper Jugantar about the discovery of a decomposed dead body of an unidentified young lady within a big trunk at Sealdah station with a photograph annexed. Minati's father and relations recognized her and some of the relations went to Sealdah. The dead body was identified by Minati's sister Pranati, her younger brother Asis and several other relations. Investigation was taken up and gradually the appellant and two sons were arrested. Some seizures were made from dispensary and from elsewhere. The dead body was sent to the morgue and the post-mortem examination was held. But the doctor could not give any opinion as to the cause of death of the deceased.
(3.) The learned Sessions Judge found that Minati was carrying and that she died as a result to attempt to cause of miscarriage by the appellant and he therefore convicted him.;