KANAKKU RAMASAMY Vs. THE STATE

JUDGEMENT

(1.) THE petitioner has come up with the present petition seeking to quash the alternate charge framed against him under Section 302 IPC in S.C. No.206 of 2013, on the file of learned District and Sessions (Mahila) Judge, (Mahalir Neethi Mandram), Madurai.

(2.) HEARD both sides.

(3.) THE learned counsel for the petitioner, by placing reliance upon a decision of the Supreme Court in : 2013(7) SCC 256 [Jasvinder Saini v. State (Govt. of NCT of Delhi)], would submit that even though in the autopsy report, it was stated that multiple superficial surface incisions were made all over the body revealing nil other injuries, prima facie, there is no iota of evidence to prove the offence under Section 302 IPC. He would further submit that she committed suicide by hanging at the hook at ceiling, after locking inside the room. Hence, the Trial Court has committed an error in framing of alternate charge under Section 302 IPC and hence, he prayed for setting aside the same.