JUDGMENT

MOHAN, J. :- The appellant along with one Dr. Ramesh Kumar was sentenced to 3 1/2 years rigorous imprisonment with fine of Rs. 1,000/- each under sections 376/511 of the Indian Penal Code and in default of payment of fine the defaulter was to undergo rigorous imprisonment for a period of three months. The conviction and sentence imposed by the learned Sessions Judge of Narnaul was unsuccessfully appealed against before the High Court in Criminal Appeal No. 464 SB of 1988. The present appeal is directed against the said conviction and sentence by Nathu Ram, accused 2 (appellant herein). The prosecution case is as follows:

On 11th January, 1986 Mansa Ram (P.W. 8) made an application to the Chief Minister of Haryana to the effect that his son Satyawan is serving in the Army and his wife Nirmala (daughter-in-law) is living in the village with him. She was suffering from malaria. Therefore, he took her on 20th October, 1985 for treatment to a private medical practitioner, namely, Dr. Ramesh Kumar (Accused 1) who had his clinic at Satnali in the market. He and Nirmala reached the clinic at about 1 p.m. and contacted the doctor who assured them of curing her. He gave Nirmala two ta