CHELLAMUTHU Vs. STATE

JUDGEMENT

(1.) THE appellant, who was arrayed as A-1 in S. C. No. 126 of 1999 on the file of the learned Principal Sessions Judge, Salem, was tried along with three other accused, who were arrayed as A-2 to A-4. THE other three accused were acquitted by the trial Judge and the appellant alone was convicted.

(2.) CHARGE No. 1 was framed under Section 4 of the Dowry prohibition Act against the appellant and the other three accused, who were acquitted. The appellant and the other three accused were also charged under section 498-A IPC. CHARGE Nos. 3 and 4 were framed against the appellant and three others under Section 302 read with 34 IPC. for causing the death of gandhimathi and Pappathi respectively. The learned trial judge, while acquitting the appellant and the other three accused under Section 4 of the dowry Prohibition Act as well as under Section 498-A IPC, found the appellant alone guilty under Section 306 IPC. Under CHARGE No. 3, while he acquitted the other three accused under the said charge. Similarly, the trial Judge found the appellant guilty under Section 302 read with 109 IPC. under charge No. 4, though the appellant was charged under Section 302 read with 34 IPC. On being found guilty, the appellant was sentenced to 10 years rigorous imprisonment under charge No. 3 and imprisonment for life under CHARGE No. 4. This appeal is against the said conviction and sentence.

(3.) P. W. 16, in the meantime, examined witnesses and recorded their statements including the doctors. The appellant was arrested by p. W. 17 on the direction of P. W. 16 on 8. 4. 1994 at about 8. 00 a. m. , while he was near Pagalpatty bus stop. The final report was filed after the completion of investigation on 30. 8. 1995.