KARUPPASAMY Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment dated 27.02.2007 made in S.C. No. 5 of 2006, on the file of the learned Sessions Judge, Mahila Court, Trichy.

(2.) THE case of prosecution, in brief, is as follows:

(3.) ASSAILING the judgment of conviction and sentence imposed on the appellant/first accused under Section 306 IPC, the learned counsel for the appellant has mainly focussed his argument that even though charges have been framed against the accused under Sections 498(A) and 304(B) r/w 34 of IPC, all of them were acquitted from the said charges, but whereas, the first accused/appellant herein alone was convicted for the offence punishable under Section 306 IPC. Once he was acquitted under Section 498(A) of IPC, he shall not be convicted for an offence punishable under Section 306 of I.P.C. That factum was not considered by the Trial Court. The burden is upon the prosecution to prove the guilt of the accused beyond all reasonable doubt. Even the appellant/A -1 may keep silent and it is not his duty to give an explanation for the death of his wife.