S.NAGARAJAN Vs. STATE

JUDGEMENT

(1.) This appeal is filed aggrieved by the conviction and sentence imposed on the appellant by judgment dtd. 26/11/2019 in S.C.No.9 of 2018, thereby convicting the appellant for the offence under Sec. 324 of IPC (2 counts) and imposing sentence of rigorous imprisonment for a period of eight days for each count and imposing fine of Rs.10,000.00 for each count and in default, to undergo simple imprisonment for a period of two days for each default.

(2.) On 21/2/2015, when P.W.7 was on duty at the Namakkal Police Station, the statement recorded at the Hospital from P.W.1 by P.W.9 was received and he has registered a case in Crime No.893 of 2015 for the offence under Ss. 324 and 307 of IPC. Thereafter P.W.11 took up the case for investigation and laid a charge sheet before the learned Judicial Magistrate No.I, Namakkal, which was taken on file in P.R.C.No.17 of 2016 and copies were furnished to the accused under Sec. 207 of Cr.P.C. Thereafter the case was committed to the Principal District and Sessions Judge, Namakkal, under Sec. 209 of Cr.P.C, which was taken on file in S.C.No.9 of 2018 and the same was made over to the learned Chief Judicial Magistrate, Namakkal. The learned Chief Judicial Magistrate, Namakkal, on appearance of the accused, after perusing the records, since found prima facie case, framed charges against the accused for the offence under Sec. 364 and 307 (2 counts) of IPC and when the accused was questioned under Sec. 313 of Cr.P.C., he pleaded not guilty and stood trial. Thereafter, the case was transferred to the Principal Sessions Judge, Namakkal, for want of jurisdiction and charges were framed for the offence under Sec. 364 and 324 (2 counts) of IPC.

(3.) The prosecution thereafter examined P.Ws.1 to 11, marked Exs.P1 to P15 and Material Objects 1 to 3 and rested its case. Upon being questioned about the evidence relied on by the prosecution and the incriminating materials, under sec. 313 of Cr.P.C. the appellant denied them as false. Thereafter no evidence was let in on behalf of the defence and thereafter the trial Court proceeded to hear the learned Public Prosecutor on behalf of the prosecution and the learned counsel for the accused and by judgment dtd. 26/11/2019, acquitted the appellant for the offence under Sec. 364 and in respect of charges for the offence under Sec. 324 (2 counts) of IPC, found the appellant guilty and imposed the sentence as aforesaid. Aggrieved by the same, the present appeal is filed before this Court.