JUDGMENT

SINGH, J. :—These appeals were heard on 3-5-1991 and after hearing learned counsel for the parties we had pronounced the operative portion of the judgment allowing the appeals and setting aside the judgment and order of the High Court convicting the appellants for offences under Section 302/34, I.P.C. We had observed that the reasons for the judgment would be given later and now we are giving reasons for the same.

2. These two appeals are directed against the judgment and order of the High Court Of Patna dated 15-7-1986 upholding the conviction of Dr. Harendra Narain Singh and Ram Nath Singh, appellants for the offences under Section 302/34 of the I.P.C.

3. Briefly, the facts as disclosed by the prosecution are that Smt. Jagia Devi, a widow having two sons was carrying four months pregnancy. She was taken to the dispensary of Dr. Harendra Narain Singh, the appellant who was a Homoeopathic doctor on the pretext of treatment of pain in her stomach though the real purpose for taking her to the dispensary was for aborting foetus which she was carrying. She was murdered in the dispensary and her dead body was taken to Village Dibbi in an Ekka and placed in the courtyard of the ho