P. VENKADESAN Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment of conviction and sentence passed by the learned Sessions Judge, Mahila Court, Salem, made in S.C.No.226 of 2012 dated 10.01.2019.

(2.) The respondent police registered a case in Crime No.8 of 2010 against the appellant for the offence punishable under Section 306 of IPC and after completing investigation, laid a charge sheet before the learned Judicial Magistrate No.4, Salem, which was taken on file in P.R.C.No.49 of 2010. The learned Magistrate, after completing formalities, since the offence is exclusively triable by the Court of Session, committed the case to the learned Principal District and Sessions Judge, Salem. The learned Principal District and Sessions Judge taken the case on file in S.C.No.226 of 2012 and made over the same to the learned Sessions Judge, Mahila Court, Salem. The learned Special Judge, after completing formalities, framed charges against the appellant for the offence under Section 306 of IPC.

(3.) Before the trial Court, in order to prove the case of the prosecution, as many as 18 witnesses were examined as P.W.1 to P.W.18 and marked 32 documents as Ex.P1 to Ex.P32 and also one material object was exhibited as M.O.1. After completing examination of prosecution of witnesses, when incriminating circumstances culled out from the evidence of prosecution witnesses were put before the appellant/accused, he denied the same as false and pleaded not guilty. On the side of the defence, D.W.1 to D.W.4 were examined and Ex.D1 to Ex.D7 were marked and no material object was exhibited. The learned Sessions Judge, on completion of trial, after adverting to the materials placed on record and after hearing both the counsel, by judgment dated 10.01.2019, convicted the appellant/accused and sentenced him to undergo rigorous imprisonment for a period of ten years with fine of Rs.10,000/-, in default, to undergo simple imprisonment for a further period of six months.