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Issues: (i) Whether the appellant was liable for the offence under Section 314 read with Section 34 of the Indian Penal Code for causing the death of the pregnant woman during an abortion. (ii) Whether the sentence awarded required reduction.
Issue (i): Whether the appellant was liable for the offence under Section 314 read with Section 34 of the Indian Penal Code for causing the death of the pregnant woman during an abortion.
Analysis: The evidence established that the appellant had illicit relations with the deceased, that she was pregnant, and that he took her to the clinic for termination of pregnancy. The explanation offered by the defence was rejected as false. The Court held that common intention under Section 34 can be inferred from conduct and surrounding circumstances, and that physical presence and participation in the joint criminal venture are sufficient. The abortion was carried out by a person who was not a qualified medical practitioner and the clinic had no approval under the Medical Termination of Pregnancy Act, 1971 or the Rules framed thereunder. The death occurred in the course of the abortion and the act was done in furtherance of the common intention of the appellant and the co-accused.
Conclusion: The conviction of the appellant under Section 314 read with Section 34 of the Indian Penal Code was upheld.
Issue (ii): Whether the sentence awarded required reduction.
Analysis: The Court found the sentence of rigorous imprisonment to be on the higher side and considered it appropriate to interfere with the quantum of sentence while maintaining the conviction.
Conclusion: The custodial sentence was reduced to one and a half years rigorous imprisonment and the fine was enhanced.
Final Conclusion: The appeal succeeded only to the limited extent of modification of sentence, while the conviction was maintained.
Ratio Decidendi: Common intention under Section 34 of the Indian Penal Code may be inferred from the conduct and circumstances of the case, and where an accused participates in procuring an unlawful abortion that results in death, liability under Section 314 read with Section 34 is attracted even without direct evidence of a prior express agreement.
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