LexMADAN RAJ BHANDARI versus STATE OF RAJASTHAN
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MADA1" RAJ BHANDARI
v.
STATE OF RAJASfHAN
Ju 1y 29, 1969
[S. M. SI.KR!, G. K. MITTER AND K. S. HEGDE, JJ.J
Criminal trial-Accused charged with
ahettne111-Principtll
o{lender
acquitted-Accused convicted of having abeaed anothl!r pc,son-.'\1o such
charge-Legality of conviction.
The appellant was charged with having abetted one R in causing mis·
carriage to a woman who died in the attempt
R was acquitted but the
appellant was convicted of the offence of abetting the Ueccascd woman ~n
the commission of the offence. The High Court confirmed the conviction.
In appeal to this CX>urt,
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B
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HELD :
The facts of the present case fell
within the rule that a
charge of abctmeot fails ordinarily when the substantive offence is not
established against the principal offender. The High Court erred in holding
that the rule laid down in Ga/111 Sah v. The State of Bihar, [19591 S.C.R.
D
861, applied to the facts of the cao;e.
That \\·as an exceptional
case.
[693 B-Dl
Faguna Kanta Nath v. State of Assam,
[1959] Supp. 2 S.C.R. 1,
followed.
llmad~i Da·d v. E1nperor, 1.1..R. 52 Cal. 112, approved.
Further, the appellant cross-examined the prosecution witnesses on1y
to ~how that be had nothing to do with his co-accused R, as he was not
aware of the facl thal he would be required to show that he did not in
any manner abet the deceased.
Therefore, he was prejudiced by the
absence of the charge of abetting the deceased woman and hence, \Vas
entitled lo an acquittal. [693 A·Bl
Willie Slaney v. The State of M.P., [1955] 2 S.C.R. 1140, referred to.
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal Ne-.
82 of 1967.
Appeal by special leave from the judgment and order dated
March 15. 1967 of the Rajaslhan High Court in Criminal Appeal
No. 219 ot 1965.
Sobhag Mal Jain and V. S. Dave, for the appellant.
K. B. Mehta, for the respondent.
The Judgment of the Court was delivered by
Jlegde, J.
The appellant's conviction by the learned
Addi-
tional Sessions Judge, Jodhpur under s. 314 read with .s. 109,
Indian Penal Code, having been affirmed by the High Court of
Rajasthan, he appeals to this Court after obtaining special leave.
The charge on the basis of which be was tried was that some
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MADAN RAJ v. RAJASTHAN (Hegde, J.)
689
days prior to May 1, 1963, he abetted one Mst. Radha at Jodh-
pur to cause the miscarriage of one Miss Atoshi: Dass alias Amola,
who as a result of administration of tablets and introduction of
"laminaria dento" by the said Mst. Radha, died on May 1, 1963.
The case for the prosecution is that in about the years 1962-63, .
the appeHant was the President of Gramotthan Pratishthan
at
Jal ore.
Miss Atoshi Dass was a teacher working in Indra Bal
Mandir, Tikhi, an institution under the management of the ap-
pellant. . She was young and unmarried.
Illicit relationship de-
veloped between the aforementioned Atoshi Dass and the appel-
lant as a result of which Miss Atoshi Dass became pregnant. With
a view tn cause abortion of the child in her womb, the appellant
took Miss Dass to Jodhpur and there attempted to cause the mis-
carriage mentioned above through one Mst. Radha. The attempt
was not successful.
The insertion of "laminaria dento" in the
private parts of Miss Dass caused septicaem as a result of which
she died in the hospital on May 1, 1963.
The appeJlant's case is that he had no illicit relation with Miss
Atoshi .Dass nor did he abet the ·aueged abortion.
He denies
that Miss Atoshi Dass died as a result of any attempt at abortion.
As seen earlier the appeJlant was charged and tried for the
offence of abetting Mst. Radha to cauS!' the miscarriage in ques-
tion but he was ultimately convicted of the offence of abetting
Miss Dass in the commission of the said offence.
It may be stated a~ ibis stage that one Mst. Radha was tried
alongwith the appellant in the trial court but she was acquitted on
the ground that there }Vas no evidence to show that she had any-
thing to do with the abortion complained of.
Despite the con,tentions of the appellant to the contrary, we
think there ls satisf~tory evidence to show that the death of
Miss Dass was due t(1 septicaem resulting from the introduction
of "laminaria <lento", Linto her private parts.
On this point we
have the unimpeachat~e evidence of Dr. A. J. Abraham, P.W. 4.
There .is also .. ~atis.
;.'f.'' actory evidence to show that the appellant
was in terms of•iYi~tt> Excerpt shown. Read the full judgment & AI analysis in Lexace.