Kaur Vs. State of Punjab  INSC 390 (28 September 1993)
appellant, Jangir Kaur, has been found guilty under Section 314 read with
Section 107 IPC and sentenced to undergo four years' RI and to pay a fine 398
of Rs 500, in default, to undergo six months' RI. She along with one Phulan Devi
were tried by the Additional Sessions Judge and both were convicted. They
preferred an appeal to the High Court which was dismissed. The SLP filed by Phulan
Devi was rejected and only leave was granted to the appellant. Hence the
prosecution case is as follows. One lady, Hamir Kaur wife of PW 4 Teja Singh
had 2 1/2 or 3 months' old pregnancy. She wanted to get it terminated as she
had already three issues. At that time, she consulted the appellant and on her
advice on 12-7-1981 Hamir Kaur went to the house of the
appellant and both came to the house of Phulan Devi, the other accused. Phulan Devi
tried to cause the miscarriage for about an hour. Hamir Kaur felt acute pain
and the operation remained incomplete. Ultimately, Hamir Kaur was taken to the
hospital and the doctor found that a loop of small intestine was coming out
ultimately died. Phulan Devi was charged under Section 314 IPC and was
accordingly convicted and the appellant was convicted under Section 314 read
with Section 107 IPC.
is sufficient evidence against both the accused and also the dying declaration
given by Hamir Kaur (Ex. PE).
far as the appellant is concerned, it can be seen that she only tried to help Hamir
Kaur and took her to the other accused, Phulan Devi whose efforts ultimately
failed and resulted in the death of Hamir Kaur. In that sense, the appellant
has abetted the offence. Taking the circumstances into consideration, while
confirming the conviction, we reduce the sentence to two years.
Subject to this modification of sentence, the appeal is dismissed.