R BALACHANDRAN Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been arising out of the conviction and sen-tence passed by the learned Additional Ses-sions Judge, Coimbatore (Fast Track Court No.3) on 13.03.2003 in S.C. No.40 of 2003 convicting the first accused under Section 323 IPC and sentencing him for three years' rigorous imprisonment and acquitting the second accused.

(2.) The case of the prosecution is as fol-lows: The first accused is husband of PW1

(3.) After completing formalities, the learned Sessions Judge framed the charge against the first accused under Section 307 IPC and the second accused under Section 307 read with 109 IPC. On examination, PW1 to PW12, Exs. PI to P8 and M.O.I to M.O.7, Al and A2 were questioned under Section 313 Cr.P.C. basing on the incrimi-nating evidence against them and they de-nied the same. The Trial Court acquitted the second accused under Section 307 read with 109 IPC and also acquitted the first accused under Section 307 IPC but however, convicting the first accused under Section 323 I.P.C. and sentencing him for six months' rigorous imprisonment.