A.SANGAMESHWARAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the conviction and sentence imposed on the appellant vide Judgment dtd. 9/4/2019 made in S.C.No.176 of 2015 on the file of the learned Magalir Neethimandram (Fast Track Mahila Court), Tiruppur.

(2.) The respondent-police registered a case against the appellant in Crime No.4778 of 2011 for the offence punishable under Sec. 174 of Cr.P.C., (Hanging). After enquiry by the Revenue Divisional Officer and based on his report, the offence was altered to Ss. 498(A) and 306 of IPC, on the basis of the complaint given by the father of the deceased. After completing the investigation, the respondent-police laid charge sheet before the Judicial Magistrate No.I, Tiruppur, for the offences under Sec. 489(A) and 306 of IPC. The learned Magistrate after taking the charge sheet on file in PRC.No.35 of 2012, has come to the conclusion that the case is triable by the Court of Session and committed to the Principal Sessions Court, Tiruppur, since the offence is against the women, the case was taken on file in S.C.No.176 of 2015 and made over to the Special Court.

(3.) After framing charges, during trial, in order to prove the case of the prosecution, on the side of prosecution as many as ten witnesses were examined as PW1 to PW10, ten documents were exhibited as Exs.P1 to P10. Besides two material objects were marked as M.O.1 and M.O.2. After completing the evidence of prosecution witnesses, when incriminating circumstances were culled out from the evidence of the prosecution witnesses were put before to the appellant/accused by questioning under Sec. 363 of Cr.P.C., he denied the same as false and pleaded not guilty. On the side of the defence, no oral and documentary evidence was produced.