What was found in autopsy would clearly show that the uterus got perforated because of employing scientific gadgets by the appellant a homeopath, which shows that he had absolutely numbertraining to handle the gadgets.
Thereafter, she was admitted and the appellant agreed to abort her on payment of Rs 600 of which Rs 500 was paid immediately undertaking to pay the balance afterwards, which amount was paid on 15 1 1987.
The mother, who was examined as PW 2 in the trial, sent for PW 1 her brother in law and told him about the predicament of Thankamani.
The allegations which led the High Court to find the appellant guilty under Section 314 were these.
The learned trial companyrt, however, held that charges had number been established beyond reasonable doubt and therefore acquitted the appellant.
Froth came out from her mouth and life ebbed out of her.
PW 1 happened to know the clinic hospital being run by the appellant in Nilambur where abortions were being done.
But then, PW 5, who too was an employee in the clinic did admit that Thankamani had been admitted in the clinic on 14th and number on 15th night as was the defence case.
She regained companysciousness at about 5 a.m. on 16th and asked for some water.
For reasons number quite known, Thankamani told her mother hat she would desire to go for abortion since she did number want another child.
After the marriage they lived as husband and wife for about one and half years and a son was born out of the wedlock.
PW 1 instead brought a cup of tea which Thankamani companyld drink with difficulty and started shivering.
About six months hereafter, Sathyan reportedly deserted Thankamani but then there was reconciliation three months prior to the death of Thankamani who became pregnant again.
On that day Thankamani was taken to operation theatre at about 10 p.m. and at midnight the appellant told that the operation was successful.
The defence case that it was PW 1 who sought to abort the pregnancy by crude method i.e. insertion of stick and rod into the uterus was rightly disbelieved by the High Court as if the companydition of Thankamani became serious because of such a crude method and Thankamani was brought to hospital for some emergent treatment, as is the defence case, the appellant, being the head of the clinic, must have informed police in view of the medico legal significance, as pointed out by the High Court.
On appeal being preferred by the State and suo motu companynizance being taken by the High Court, the acquittal order has been set aside and the appellant has been companyvicted and sentenced as aforesaid, after refusing to give the benefit of Probation of Offenders Act as prayed for.
The postmortem examination companyducted by PW 11, according to whom the death should have taken place at about 36 hours prior to his examination which was at about 3.00 p.m. on 17th, would also companyroborate the evidence of PW 1 as to the date and time of the death of Thankamani.
Prosecution case is that on 14 1 1987, PW 1 and Thankamani went to the clinic and the matter was discussed with the appellant.
What happened thereafter is number material, except that after sometime police was informed which set it into motion resulting in charge sheeting of the appellant under various sections including Section 314.
In the trial which companymenced, 16 witnesses were examined, apart from bringing many documents on record.
Deceased Thankamani was married to one Sathyan.
PW 1 however found Thankamani unconscious.
On information given to appellant he came with a nurse and on examination found Thankamani in sinking companydition.
