J. N. BHATT, J. ( 1 ) THE Appellant Dr. Bakulaben came to be convicted for the offence of causing death caused by her act done with an intent to cause miscarriage of deceased Nitaben wife of Nareshchandra Govindrao Pendke P. W. 1 under sec. 314 of the Indian Penal Code. ( 2 ) A resume of the material facts leading to the rise of this Appeal may be narrated at this stage first. The prosecution inter alia alleged that appellant Dr. Bakulaben who is original accused is a practising Doctor holding a Degree of B. A. M. S. She is running a Nursing Home in the name and style of Amit Prasuti Gruh near Bapunagar Cross Road Ahmedabad. The complainant one Mr. Nareshchandra G. Pendke had taken his wife Nita to the accused at the said Nursing Home on 11th October 1984 for abort on as the couple had two surviving children (one son and one daughter ). Bai Nila was required to be operated for aforesaid two deliveries and therefore she did not desire to have a 3rd child though she was pregnent. Therefore it is the case of the prosecution that Bai Nila insisted for abortion and therefore she and her husband went to Dr. Bakula on 11th October 1984 for abortion. ( 3 ) THE appellant-accused Dr. Bakula agreed to perform abortion on taking fees of Rs. 200/ -. Bai Nita was taken to the Operation. Theatre and the abortion was performed and she was discharged on the same day. According to the case of the prosecution deceased Bai Nita complained abdominal pain and bleeding and therefore she was taken again to the Nursing Home of accused on the next day i. e. on 12th October 1984. Accused Dr. Bakula gave one injection and prescribed medicines. However the bleeding did not stop and the said medicine did not respond. Therefore the complainant- husband of deceased Nita contacted family doctor Dr. Desai. Upon the advise of Dr. Desai deceased Nita was shifted to the Civil Hospital. Ultimately Bai Nita died on 15 October 1984. In short the prosecution case is that the death of Bai Nita was caused by the act done by accused Dr. Therefore the complainant- husband of deceased Nita contacted family doctor Dr. Desai. Upon the advise of Dr. Desai deceased Nita was shifted to the Civil Hospital. Ultimately Bai Nita died on 15 October 1984. In short the prosecution case is that the death of Bai Nita was caused by the act done by accused Dr. Bakula with an intent to cause miscarriage and therefore she is guilty of an offence punishable u/s. 314 I. P. C. ( 4 ) UPON analysis and appreciation of the evidence of prosecution witnesses the learned City Sessions Judge found appellant accused guilty for the offence punishable u/s. 314 of the Indian Penal Code. However considering the facts and circumstances of the ease the Trial Court gave benefit of Probation to the accused and directed the accused to execute a Bond of Rs. 1000/- and to give two sureties of the like amount for the good conduct for a period of 3 years. Thus instead of immediately sentencing the accused the Trial Court admitted the accused to the benefit of the provisions of Probation. However being aggrieved by the order of conviction u/s. 314 I. P. C. the original accused has now come up before this Court in this Appeal challenging its legality and validity by invoking the aids of the provisions of Sec. 374 of the Code. ( 5 ) THE learned Counsel for the appellant-accused has vehementally contended that prosecution has failed to prove direct nexus between the alleged act and the death of Bai Nita. This submission is vehementally opposed by the learned A. P. P. The order of conviction u/s. 314 of the Indian Penal Code is seriously criticised before this Court. ( 6 ) THE complainant Nareshchandra Govindrao Pendke (P. W. 1) is examined at Ex. 15. He is the husband of deceased Nita. After having examined the entire evidence of the complainant Nareshchandra Pendke this Court is satisfied that the trial Court has rightly placed reliance on the evidence of this witness. His evidence is also supported by his mother Prabhavatiben Govindrao (P. W. 2) who is examined at Ex. 17. Her evidence is found quite reliable and dependable. ( 7 ) THE case of the prosecution is also fully reinforced by the testimony of family doctor Dr. H. M. Desai (P. W. 3) who is examined at Ex. 18. His evidence is also supported by his mother Prabhavatiben Govindrao (P. W. 2) who is examined at Ex. 17. Her evidence is found quite reliable and dependable. ( 7 ) THE case of the prosecution is also fully reinforced by the testimony of family doctor Dr. H. M. Desai (P. W. 3) who is examined at Ex. 18. He is an independent witness and there is no reason to discard his testimony. It is also very clear from his evidence that deceased Bai Nita had undergone medical treatment of accused Dr. Bakula. He was informed about the treatment by the mother in law of deceased Nita. When he found that bleeding was persisting and serious complications were likely to follow he advised deceased Nita to be admitted in the Shardaben Civil Hospital at Ahmedabad. The deceased was as such admitted in the said Hospital for treatment where unfortunately she succumbed to the said injuries sustained by her during the course of treatment. She died on 15th October 1984 in the said Hospital. The Post Mortem was performed. The Post Mortem Report is produced at Ex. 13. The version of the prosecution is also fully supported by the evidence of Dr. R. V. Deshmukh who is examined as P. W. 4 at Ex. 19. ( 8 ) IN view of the Post Mortem examination the following external marks and injuries were noticed on the person of the deceased by Dr. Deshmukh. Public hairs 2 to 2. 5 cm. clotted blood present in the pubic hairs. Clotted blood present over medial site of both thighs. Few clots of blood between the labia majora and ozzing of blood through vestivules. The vaginal canal lax dilated clotted blood present in the passage. Yellow slick secretion also present vestibules at vestibule. Laceration of the mucosa of the Rt. posterolateral wall of vagina extending for 3 cm. onwards and 1. 5 cm. wide. Laceration of vaginal muccosa on it lateral wall and post wall. Extending for distance of 1. 5 cm. Onwards 1 cm. wide with inflamation and redness. Both anterior and posterior fornix showed inflamation and clotted blood present. External ors. of oet. is trashbly dilated inflammed lacerated. Index finger can easily be passed. Lacerations upto depth of muscles particularly at 4 oclock and 9. 00 oclock position about 0. 3 cm. and 0. 5 cm. wide. In view of the evidence of Dr. Both anterior and posterior fornix showed inflamation and clotted blood present. External ors. of oet. is trashbly dilated inflammed lacerated. Index finger can easily be passed. Lacerations upto depth of muscles particularly at 4 oclock and 9. 00 oclock position about 0. 3 cm. and 0. 5 cm. wide. In view of the evidence of Dr. Deshmukh and the Post Mortem Report at Ex. 13 following marks of injuries were noticed on the internal examination: uterus lax 8 x 15 x 3. 5 cm. size cervical canal shows muscle deep laceration tervical canal contains blood clots. Canal is inflammed and alematons internal OS is lax and index finger easily passed. Uterine cavity contains blood dot and product of conception retained. The site of placental attachment is upper posterior wall remains of placenta still seen with blood clot in it. Whole emdometrium is inflammed. Laceration in lower uterine segment all over the surface except small portion of post wall. Laceration are muscle deep size 5. 5 x 2 x 0. 5 cm. Some foetal tissue and parts like bony segment identified emboded in it. Muscle deep laceration also present at multiple places in body of uterus endometrium is inflammed and edematrus (uterus with adenexia sent of H. P. Examination ). ( 9 ) IT is also very clear from the evidence of Dr. Deshmukh that specimen of uterus had been taken and sent for Histo Pathological Examination. Dr. Sunil Lad had prepared a Pathological Report which is produced at Ex. 20. The finding of Dr. Deshmukh wore confirmed by the findings of Histo Pathological Report produced at Ex. 20. It is very clear from the evidence of Dr. Deshmukh that the cause of death was due to haemorrhage and shock resulting from uterine bleeding from incomplete abortion. It is also explicite from the medical evidence that the uterus showed lacerations at many places which was suggestive of instrumentation. Thus the oral evidence of the prosecution witness is reinforced by the medical evidence. The prosecution has successfully established that the accused had performed abortion on the person of deceased Bai Nita and that to with instruments. Thus there was instrumental abortion which was performed by accused Dr. Bakula. Thus the prosecution has successfully proved without any shadow of doubt that the instrumental abortion was carried out on deceased Bai Nita by accused Dr. The prosecution has successfully established that the accused had performed abortion on the person of deceased Bai Nita and that to with instruments. Thus there was instrumental abortion which was performed by accused Dr. Bakula. Thus the prosecution has successfully proved without any shadow of doubt that the instrumental abortion was carried out on deceased Bai Nita by accused Dr. Bakula and because of that there were lacerations in the uterus from which bleeding occurred and as a result of which Bai Nita died of haemorrhage and shock. ( 10 ) ACCORDING to the evidence on record deceased Bai Nita carried pregnancy of 16 weeks at the time when incomplete instrumental abortion was carried out by the accused. The medical evidence fully supports the case of the prosecution. ( 11 ) SECTION 314 of the Indian Penal Code prescribed punishment for death caused by an act done with an intent to cause miscarriage. This Section provides for the case where death occurred for causing miscarriage. The act of the accused must have been done with intent to cause the miscarriage of a woman with child. No doubt there is no statutory definition of expression of Miscarriage. Even no such definition is supplied even in the Medical Termination of Pregnancy Act 1971 (MTP Act ). The dictionary meaning of the word miscarriage means-a premature delivery of a non viable fetus failure to bring about a proper conclusion failure to reach on intended destination. M. T. P. Act provides for the termination of certain pregnancies by registered medical practitioners in certain contingency where its continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or where there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped. The present case is not covered by the provisions of MTP Act. ( 12 ) IN order to succeed in a charge under sec. 314 I. P. C. the prosecution is obliged to establish the following ingredients : (i) that the woman was with child; (ii) that the accused did an act to cause miscarriage; (iii) he did with that intention; (iv) that such an act cause death of the woman. ( 12 ) IN order to succeed in a charge under sec. 314 I. P. C. the prosecution is obliged to establish the following ingredients : (i) that the woman was with child; (ii) that the accused did an act to cause miscarriage; (iii) he did with that intention; (iv) that such an act cause death of the woman. ( 13 ) IT is very clear from the evidence on record that the aforesaid four ingredients are established without any shadow of doubt by the prosecution. Section 314 provides punishment for the case where the death has occurred for causing miscarriage. This basis of homicide may be committed involuntarily that a person causing death may not have intention to cause death. The intention is referrable to the miscarriage of a woman and not with her death. The Explanation of Section 314 of the I. P. C. provides that it is not essential in this offence that the offender should know that the act is likely to cause death. Having regard to the facts and circumstances emerging from the record of the present case the reasons adopted and the ultimate conclusion of conviction recorded by the Trial Court u/s. 314 I. P. C. are fully justified and therefore they are required to be confirmed. ( 14 ) IN the result this Appeal is required to be dismissed being meritless. Accordingly it is dismissed. Appeal Dismissed. .