KUMAR Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant was convicted for an offence under Section 306 IPC and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.2,000/ -, in default, to undergo three months rigorous imprisonment, by the learned Sessions Judge, Mahila Court, Salem, in S.C.No.271 of 2006 dated 03.03.2008. This appeal is filed against the said judgment of conviction and sentence.

(2.) The case of the prosecution as seen from the charge sheet is that the deceased Tamilarasi was married to one Govindan; she got separated from her husband and she was living at Mariamman koil Street, Nanjampatti. The appellant moved with her and gave false representation that he would marry her and was having illicit relationship with the deceased Tamilarasi and also received a sum of Rs.15,000/ - from her. She also became pregnant due to illicit relationship with the appellant. The appellant asked her to abort the foetus and he also abused and attacked her. Therefore, the deceased committed suicide in her house at 6.00 p.m., on 30.11.2004 by consuming Sani Powder, a poisonous substance. As the appellant had abetted and induced her to commit suicide and was responsible for her death, the appellant was liable to be prosecuted for offence under Section 306 IPC.

(3.) The prosecution examined 11 witness and marked 10 Exhibits to prove the guilt of the appellant. PW.1 and PW.4 were the brothers of the deceased. PW.3 was the sister of the deceased. PW.2 was the landlord. PW.6 to 9 are the Doctors. PW.10 is the Sub -Inspector of Police who registered the complaint. PW.11 is the Investigating Officer.