STATE Vs. UDAYAKUMAR

JUDGEMENT

(1.) Crl.Appeal No. 635/1996: State has come forward with this Appeal against the Order of Acquittal in S.C.46/1993 on the file of Principal Sessions Judge, Pondicherry. By the Judgment dated 22.12.1995, the learned Principal Sessions Judge, Pondicherry has acquitted the accused of the offences under Sections 498-A and 304-B IPC. Crl.Revision Case No. 290/1996: Father of deceased - P.W.1 Ignatious Francis Periera has filed this Revision aggrieved against the Order of Acquittal by the trial court acquitting the accused.

(2.) Common points for determination arise in both Appeal and Revision and hence both were heard together and disposed of by this Common Judgment.

(3.) For better appreciation of the contentious points urged, we may firstly refer to the common grounds:Deceased Lucy Periera @ Santhakumari (hereinafter referred to as Lucy) and Prosecution side witnesses are related as noted below: