KRISHNAN Vs. STATE

JUDGEMENT

(1.) This appeal coming on for hearing on this day upon perusing the petition of Appeal, the Record of the evidence and Proceedings before the said Court of Sessions and upon hearing the arguments of Mr. A.D. Jagadish Chandra, Advocate for the Appellant/ Accused and of Mr. R. Karthikeyan, Government Advocate (Crl. Side) for the Public Prosecutor on behalf of the State, the Court delivered the following judgment:- The accused in S.C.No. 70 of 1999 before the learned II Additional Sessions Judge. Madras, who was convicted and sentenced to undergo rigorous imprisonment for a period of seven years for the offence under Section 306 I.P.C. has come forward with the instant appeal.

(2.) The facts of the case briefly stated are as follows:- One Baby Lizie was living with her parents at Perambalur. During the month of April 1972, she was found missing from the house, and subsequently she was traced in Royapettah Hospital on 9-7-1972 in the emergency ward undergoing treatment for the alleged consumption of Hydro Chloric Acid. The parents who were searching for the girl were informed by the police. The parents went to the hospital on 10-7-1992. Baby Lizie told her mother that after leaving the house, while she was loitering near the Central Station, the accused and another two women picked her up and the accused lured her to make her a filmstar and took her to various places. Then, he forced her to prostitution. Later on, he informed her that he had sold her to a person at Bombay for Rs.50,000/- and she should go to Bombay. Baby Lizie, refused to go to Bombay so she was kept confined in a room. Because of her refusal, the second accused Usha, caught of her legs and the first accused forcibly administered Hydro Chlaric Acid into her mouth, which was kept in the house to clean the toilet. She was brought to the hospital by Usha's brother Gopal.

(3.) The concerned Police initially registered a case in Crime No. 998 of under Section 326 I.P.C. Baby Lizie was taking treatment at Royapettah Hospital from 20-5-1992, but on 20-8-1992 at about 3.00 p.m. she died. Then the charges were altered to Sections 329 and 302 read with 34, I.P.C. The trial Court examined twenty witnesses, marked 26 documents and the bottle which contained the Hydro Chloric Acid was marked as M.O.I. After the trial, the learned Sessions Judge, came to the conclusion that the case under Section 302 I.P.C. was not made out, but it was a case under Section 306 I.P.C. Accordingly, the learned Sessions Judge, convicted the accused and sentenced him to undergo 7 years rigorous Imprisonment for the offence under Section 306 I.P.C. Questioning the correctness of the judgment, the accused preferred this appeal.