YOGANATHAN Vs. STATE

JUDGEMENT

(1.) The appellant is the first accused in S.C.No.62 of 2006 on the file of the learned Sessions Judge (Mahila Court), Trichy. Including the appellant, there were six accused in the case. All the six accused stood charged for offences under Sections 498(A), 304B read with Section 34 IPC. The 2nd accused Mrs.Janagammal died during trial. Thus, the charge against her abated. The trial Court by judgment dated 26.04.2007 acquitted the accused 3 to 6 holding that the charges had not been proved by the prosecution. So far as the appellant/first accused is concerned, the trial Court acquitted him of the charge under Section 498(A) IPC and so far as the charge under Section 304B is concerned, the trial Court found that the appellant committed offence only under Section 306 IPC and accordingly convicted him under Section 306 IPC and sentenced him to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.2,000/-, in default, to undergo rigorous imprisonment for six months. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

(2.) The case of the prosecution in brief is as follows:

(3.) Based on the above materials, the trial Court framed charges as narrated in paragraph No.1 of the judgment. All the accused denied the charges.