DANIEL DURAIRAJ Vs. STATE OF PUDUCHERRY

JUDGEMENT

(1.) THIS Criminal Appeal arises out of the Judgment of conviction and sentence, dated 03.11.2009 made in S.C. No. 57 of 2009 on the file of the learned Additional Sessions Judge, Puducherry at Karaikal whereby the appellant/accused was convicted for the offence under Section 306 IPC and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs. 10,000/ -, in default in payment to undergo three months simple imprisonment.

(2.) THE case of the prosecution is as follows:

(3.) CHALLENGING the conviction and sentence passed under Section 306 IPC, the learned counsel appearing for the appellant would submit that there is delay in preferring the complaint, which is fatal to the case of the prosecution. He would further submit that the evidence of P.W. 1 to P.W. 3 are not reliable and the ingredients of Sections 306 and 107 IPC has not been made out. Those factum was not considered by the Trial Court. Hence, he prayed for setting aside the conviction and sentence passed by the Trial Court. To substantiate his arguments, the learned counsel appearing for the appellant relied upon the following decisions: