1. Accused 1 and 2 are the appellants. The 1st accused was convicted under Ss.364 and 302 read with S. 114 IPC and was sentenced to transportation for life and to a fine of Rs. 50 under S. 302/114 and to rigorous imprisonment for seven years and to a fine of Rs. 25 under S. 364 IPC. The sentences were to run concurrently. The 2nd accused was convicted under Ss. 302 and 364 read with S. 114 IPC and sentenced to transportation for life and to a fine of Rs. 50 under S. 302 IPC, and to undergo rigorous imprisonment for five years and to a fine of Rs. 25 under S. 364 read with S. 114 IPC. These sentences also were to run concurrently.

2. The prosecution case against the two accused was as follows:- Sumathi, the unmarried daughter of PW.1, was seduced by the 1st accused who was a neighbour of hers and the son of a rich man of the locality. As a result of this she got pregnant. The 1st accused with the help of the 2nd accused, a neighbour and companion, attempted to procurean abortion. But this failed. The 1st accused had given Sumathi all sorts of hopes and promised to accept her as his wife. But when the attempt to bring about the abortion failed he began to back out. By Maka