2025:CGHC:22776 VAIBHAV HIGH COURT OF CHHATTISGARH, BILASPUR SINGH Digitally signed by CRA No.1102 of 2004 VAIBHAV SINGH Date: 2025.06.11 14:21:47 +0530 Galeshwar, S/o. Lallu Singh, aged about 35 years, R/o. Village – Hedaspur, Thana Janjgir, At present Kashinagar Chowki, Rampur District – Korba (C.G.) ---- Appellant Versus State of Chhattisgarh Through District – Korba (C.G.) --- Respondent For Appellant : Shri Vimlesh Bajpai, Advocate.

For Respondent : Shri Shailesh Puriya, Panel Lawyer.

Hon'ble Shri Justice Sachin Singh Rajput Judgment on Board

09.06.2025

1. This appeal is filed under section 374(2) of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) assailing the legality, correctness and judicial propriety of the judgment dated 08.12.2004 passed in Sessions Trial No. 97 of 2004 by the Additional Sessions Judge, Korba (C.G.) by which, the appellant has been convicted and sentenced in the following manner:-

Conviction Sentence Under Section 314 of I.P.C. : R.I. for 5 years and fine of Rs.1000/-, in default of fine 6 month additional R.I.

2. The admitted fact in this case is that deceased-Brahaspati Bai was the wife of appellant and they had two children, as a result of their wedlock. Heera Bai (acquitted accused) is a resident of Village-Urga District-Korba and works as midwife (Dai). On the date of incident, appellant along with his wife was residing in Kashinagar and on 17.05.2004, he had gone to his uncle’s (Fufa’s house) at Urga Chowki. The report of the incident was lodged on an intimation sent by a doctor of 100 Saiya Hospital, Korba and merg was lodged and an inquiry was set on motion and thereafter the FIR was registered.

3. Case of the prosecution, in brief, is that deceased- Brahaspati Bai was brought to

100 Saiya hospital in a serious condition for treatment on 19.05.2004 at about 05:45 p.m. and her pulse and blood pressure was not being recorded. It is further case of the prosecution that appellant Galeshwar informed a doctor that abortion of three months fetus of the deceased- Brahaspati Bai was done by him on 16.05.2004 through midwife (Dai) by giving herbs (Jadi Buti) and she should be treated properly. Dr. RajKumari (PW-11) looking to the serious condition of the deceased Brahaspati Bai informed her admission in the hospital to the police Chowki, Rampur vide Ex.P-1 through the ward boy. Brahaspati Bai died at 07:15 p.m. in the hospital. On the basis of Ex.P-1, police chowki Rampur registered merg intimation 0/2004 and police station Korba registered a merg No. 65 of 2004 under Section 174 of the Cr.P.C and an inquiry was set on motion.

4. The autopsy of the deceased-Brahaspati Bai was conducted by Dr. K.S. Kawar (PW-8), who gave post-mortem report Ex.P-15. Statements of the witnesses were recorded and an offence under Section 314 of the IPC having been found, a Crime No. 614 of 2004 under Section 314/34 was registered at Police Station Kotwali Korba against the appellant and Heera Bai (acquitted accused). Spot Map of the incident was prepared vide Ex.P-14 and again the statements of the witnesses were recorded and on completion of investigation, the charge-sheet was filed against the appellant and Heera Bai (acquitted accused) before the Judicial Magistrate, Korba who committed the case to the Sessions Court to made over the case to the trial Court. Thereafter, charge under Section 314/34 of the IPC was framed against the Appellant and Heera Bai (acquitted accused) who denied the charges and claimed to be tried.

5. Prosecution in order to bring home the guilt of the appellant examined as many as

11 witnesses and exhibited 16 documents. The statement under Section 313 of the Cr.P.C. was recorded, in which, accused persons claimed their innocence and false implication.

6. By the Judgment impugned, Heera Bai ( acquitted accused) was acquitted from all charges, however, the appellant was convicted and sentenced as stated in the first paragraph of the judgment.

7. Shri Vimlesh Bajpai, learned counsel appearing for