N. SAKTHIVEL Vs. STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE PAPANASAM POLICE STATION THANJAVUR DISTRICT

JUDGEMENT

(1.) THE appellant herein, along with one Pakkiriammal, was prosecuted before the trial Judge, namely the I Additional Sessions Judge (Protection of Civil Right), Thanjavur in S.C.No.410/08 for alleged offences punishable under sections 498-A and 304-B and in the alternative for an offence under section 306 IPC. At the conclusion of trial, the learned trial judge found the said Pakkiriammal not guilty of any one of the charges and on the other hand, found the appellant herein, who figured as the first accused, guilty of the offences punishable under sections 498-A and 306 IPC. Based on the finding, the learned trial judge pronounced a judgment convicting the appellant for the above said offences and sentencing him to undergo rigorous imprisonment for one year and pay a fine of Rs.500.00with a default sentence of six months simple imprisonment for the offence under section 498-A IPC and to undergo rigorous imprisonment for six years and pay a fine of Rs.1,000.00 with a default sentence of one year simple imprisonment for the offence under section 306 IPC. Both the sentences were ordered to run concurrently.

(2.) THE said judgment of the learned trial judge dated 05.12.2008 is challenged in the present appeal on various grounds set out in the grounds of appeal incorporated in the petition of appeal in respect of the conviction of the appellant and the sentence imposed on him.

(3.) THE charge-sheet was taken on file as PRC No.21/08 by the District Munsif cum Judicial Magistrate, Papanasam. The case was committed by the committal Magistrate to the Court of Session for trial and the same was taken on file as S.C.No.410/08 on the file of Thanjavur Sessions Division and made over to the I Additional Sessions Judge (PCR), Thanjavur for disposal according to law. Though the final report was submitted for offences under sections 498-A and 304-B IPC alone, the trial court framed the first charge for an offence under section 498-A IPC and the second charge for an offence under section 304-B IPC and in the alternative for an offence under section 306 IPC. The appellant and his mother, who were accused 1 and 2, denied the charges and pleaded not guilty. A trial was conducted in which fifteen witnesses were examined as PWs.1 to 15, twenty two documents were marked as Exs.P1 to Ex.P22 and one Material Object was produced as MO.1 on the side of the prosecution to prove the charge against the accused.