A ANWAR ALI Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.116 of 2007, on the file of the learned Additional Sessions Judge cum Fast Track Court, Periyakulam. He stood charged for the offences punishable under Sections 376, 302 and 201 of the Indian Penal Code. By Judgment dated 02.11.2010, the Trial Court has acquitted the appellant from the charge under Section 376 of the Indian Penal Code, but convicted him, as detailed below:- <FRM>JUDGEMENT_503_LAWS(MAD)9_2015.html </FRM>

(2.) The case of the prosecution, in brief, is as follows:- The deceased, in this case, was one Mrs.Sujana. PW-2 is her father. Originally, the deceased was given in marriage to one Mr.Babu. Since there arose misunderstanding between them, the marriage was dissolved as per the customary Thalaq. Thereafter, the deceased was given in marriage to one Mr.Abuthakir. The accused is the younger brother of Mr.Abuthakir. The deceased and Mr.Abuthakir were residing in Thiruppur. Seeking some employment, on daily wages, PW-2, the deceased and her husband had gone to Kerala. While in Kerala, Mr.Abuthakir fell from a palmirah tree accidentally and he died. In respect of the said incident, on the complaint of PW-2, a case was registered by the Kerala Police.

(3.) We have heard the learned counsel appearing for the appellant, the learned Additional Public Prosecutor appearing for the respondent and also perused the records carefully.