(1.) CHALLENGE in this Criminal Appeal is to the order of acquittal dated 06.12.2005 passed in Sessions Case No. 128 of 2005 by the First Additional Assistant Sessions Court, Gobichettipalayam, Erode.
(2.) THE case of the prosecution is that the accused is the husband of the deceased Amudha. The accused has married her on 13.11.1997 and after marriage, both of them lived happily for a short span. The accused has used to say that the deceased has had illicit intimacy with one Palanisamy. On 05.09.2004, in the house of the accused and that too in the presence of senior paternal uncle of the deceased by name Pachiannan, the accused has told that the deceased is having illicit intimacy with the said Palanisamy and due to overt acts alleged to have been committed by the accused, on 06.09.2004, during night hours, in the house of the parents of the deceased, the deceased consumed poison and passed away. After occurrence, the father of the deceased by name Nagappan, as defacto complainant has given a complaint and the same has been registered in Crime No. 498/04. The complaint given by the defacto complainant has been marked as Ex.P.2.
(3.) THE Judicial Magistrate, Sathyamangalam, after considering the fact that the offences alleged to have been committed by the accused are triable by Sessions Court has committed the case to the Court of Sessions, Erode Division and taken on file in Sessions Case No. 128/2005 and subsequently transferred to the file of the trial court.