JAYALAKSHMI, W/O LATE GANESAN Vs. STATE

JUDGEMENT

(1.) Challenge is made to a judgment of the Additional Sessions Division (EC Court), Thanjavur, dated 23.12.2009, made in S.C. No. 424/2008, whereby the appellant/accused, stood charged under Sections 498-A and 302 IPC and on trial, found guilty thereunder and sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/-, in default to undergo rigorous imprisonment for one year under Section 302 IPC and no separate punishment was awarded under Section 498-A IPC in view of the punishment imposed on the charge of murder.

(2.) Short facts necessary for the disposal of the appeal can be stated thus:

(3.) After committal proceedings, the case was taken on file by the Sessions Court in S.C. No. 424/2008 and necessary charges were framed. To prove the charges against the accused, the prosecution examined 21 witnesses as P.Ws.1 to 21 and marked 21 documents as Exs.P-1 to P-21 and produced M.Os.1 to 6. On completion of the evidence on the side of the prosecution, when the accused was questioned under Section 313 of the Criminal Procedure Code about the incriminating circumstances found in the evidence of prosecution witnesses, she denied all of them as false. On the side of defence, neither oral evidence nor documentary evidence was let in. The trial court, after hearing the parties, took the view that the prosecution has proved the charges against the accused beyond reasonable doubt, found her guilty under both the charges under Sections 498(A) and 302 IPC, convicted her thereunder and sentenced her as referred to above. Hence this appeal at the instance of the appellant/accused.