SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) The Revision Petitioner/Accused has been convicted under section 324 IPC and sentenced to undergo Rigorous Imprisonment for six months by the Assistant Sessions Judge cum Chief Judicial Magistrate, Puducherry, by the judgment dated 28.12.2012, passed in S.C.No.35 of 2011. Impugning the conviction and sentence imposed on him as abovestated, the revision petitioner has preferred the Criminal Appeal No.2 of 2013 on the file of the Principal Sessions Judge, Puducherry. The Principal Sessions Judge, Puducherry has dismissed the abovesaid appeal preferred by the revision petitioner and thereby confirmed the conviction and sentence imposed on him by the Assistant Sessions Judge cum Chief Judicial Magistrate, Puducherry. Challenging the same, the Criminal Revision petition has been preferred.

(2.) Briefly stated, according to the prosecution case, the complainant Bhavani, wife of the Revision Petitioner was married to the revision petitioner and after two weeks of the marriage, she came to understand that the Revision Petitioner had already married one person and therefore she had separated from him and living alone for eight months. It is further stated that subsequent thereto, the revision petitioner has approached her parents and after offering excuse on his part, it is putforth that the complainant and the revision petitioner had been living together as husband and wife for four months. However the revision petitioner thereafter in a drunken mode, scolded and assaulted her and therefore she had instructed the revision petitioner not to come to the house and despite the same, the revision petitioner used to consume alcohol and quarreled with her and threatened her that he is going to kill her. On 29.10.2008, at about 7.40 p.m when the complainant was working in the Santhi Radios House, the revision petitioner came to the shop and threatened her with filthy language and attacked her with knife and also threatened her with dire consequences that he would kill her and on account of the attack inflicted upon the complainant by the revision petitioner, according to the complainant, she had sustained cut injuries on her neck and right thumb and hence the complaint had been preferred by her against the revision petitioner.

(3.) Based on the complaint lodged by the complainant, the case in Crime No.539 of 2008, under section 307 IPC had been registered against the revision petitioner and after investigation, the final report has been leveled against the revision petitioner under section 307 IPC.