CHANDRA Vs. THANGARAJ

JUDGEMENT

(1.) The petitioner approaches this Court with a prayer to set aside the judgment passed in Crl.R.C.No.6 of 2006 on the file of the I Additional Sessions Judge, Tirunelveli confirming the order passed by the Judicial Magistrate Court, Sankarankovil in S.T.C.No.1195/2006, dated 27.06.2006 and direct the Judicial Magistrate Court, Sankarankovil to reconsider and pass orders in S.T.C.No.1195 of 2006.

(2.) The petitioner represented by her husband Mr.Sankarappa Naicker. On the basis of the complaint given by her wife, the petitioner herein, a case has been registered against the respondents herein in crime No.38 of 2006 for the offence under Sections 294(b) and 506(i) of I.P.C. on the file of the Chinnakovilankulam P.S. After investigation, the investigation agency has filed charge sheet and the same was taken on file in S.T.C.No.1195 of 2006 by the learned Judicial Magistrate, Sankarankovil. During the commencement of trial, the respondents herein admitted their guilty and hence the learned Judicial Magistrate convicted them and sentenced the 1st respondent to undergo imprisonment till raising of the court and to pay a fine of Rs.250/- in default of payment, to undergo one week simple imprisonment for the offence under Section 506(i) of I.P.C. and sentence the 2nd respondent to pay a fine of Rs.250/- in default of payment, to undergo one week simple imprisonment for the offence under Section 294(b) of I.P.C. Against the said judgment, the petitioner herein has preferred a revision in Crl.R.C.6 of 2008 before the Court of I Additional Sessions Judge, Tirunelveli, where the same was dismissed and confirmed the Judgment of the trial Court. Against the said order of the 1st appellate Court, the petitioner has filed the present criminal original petition.

(3.) The petitioner's husband would submit that the complaint has been given against both the respondents and a case has been registered for the offence under Sections 294(b) and 506(i) of I.P.C. and both of them were liable to be convicted for both the offences. But, the trial Court and 1st appellate court have committed an error in convicting the 1st respondent for the offence under Section 506(i) I.P.C and convicting the 2nd respondent for the offence under Section 294(b) I.P.C and hence, he prayed to set aside the judgment passed in Crl.R.C.No.6 of 2006 on the file of the I Additional Sessions Judge, Tirunelveli confirming the order passed by the Judicial Magistrate Court, Sankarankovil in S.T.C.No.1195/2006, dated 27.06.2006 and direct the Judicial Magistrate Court, Sankarankovil to reconsider and pass orders in S.T.C.No.1195 of 2006 and thus he prayed for the allowing of the application. He has also filed his written argument.