R JAYA @ JEYALAKSHMI Vs. STATE

JUDGEMENT

(1.) The appellant - Mrs.R.Jaya @ Jeyalakshmi is the sole accused in S.C.No.159 of 2006, on the file of the learned Sessions Judge, Nagercoil, Kanyakumari District. Final report was filed by the respondent against the two accused, including the appellant herein. The second accused, as per the final report, was one Mr.S.Prakash. The Trial Court framed charges against the both the accused under Sections 294(b), 324 [two counts] and 302 of the Indian Penal Code. After the evidence was fully recorded, the other accused - Mr.S.Prakash raised a plea that he was a juvenile in conflict with law as on the date of the occurrence. After holding necessary enquiry, the learned Sessions Judge found him a juvenile. Accordingly, the case against Mr.S.Prakash was split up and the same was forwarded to the Juvenile Justice Board, under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. The Trial Court proceeded against the appellant/accused.

(2.) By Judgment dated 07.04.2010, the Trial Court has convicted the appellant/accused under Section 324 of the Indian Penal Code [two counts] and acquitted her from the charges under Sections 302 and 294(b) of the Indian Penal Code. For the offence under Section 324 of the Indian Penal Code [two counts], the Trial Court has sentenced her to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for six months for each count. The sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the appellant/accused has come up with Crl.A(MD).No.134 of 2010.

(3.) The de facto complainant - Mr.K.Rajagopal, aggrieved over the acquittal of the appellant - Mrs.R.Jaya @ Jayalakshmi from the charges under Sections 302 and 294(b) of the Indian Penal Code, has come up with Crl.A(MD).No.213 of 2010. Since both the Criminal Appeals have arisen out of the same Judgment, they were heard together and they are disposed of by means of this Common Judgment.