KRISHNAMOORTHY Vs. STATE AND ORS

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.63 of 2013 on the file of the learned Sessions Judge (Mahalir Fast Track Court), Nagapattinam. He stood charged for the offences under Sections 498(A) & 302 I.P.C. By judgment dated 16.10.2014, the trial Court convicted the accused/appellant for the offences under Sections 498(A) & 302 I.P.C., and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- in default to undergo simple imprisonment for one month for the offence under Section 498(A) I.P.C., and to undergo imprisonment for life and to pay a fine of Rs.2,000/-, in default to undergo simple imprisonment for one year. The trial Court ordered to run the above sentences concurrently. Challenging the said conviction and sentence, the appellant is before this Court, with this Criminal Appeal.

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

(3.) It is further alleged that on 26.07.2012, at 10.30 am, the accused went to P.W.1, the then Village Administrative Officer and made a voluntary confession. P.W.1 reduced the same into writing. Ex.P.1 is the said extra judicial confession. Then, he prepared a Special Report under Ex.P.2 and took the accused to Myladuthurai Police Station and produced him before the then Sub Inspector (P.W.6). P.W.6 based on Exs.P.1 & P.2, registered a case in Crime No.876/2012 for offence under Section 302 I.P.C., against the accused. Ex.P.6 is the F.I.R. Then he forwarded Exs.P.1, P.2 and P.6 (F.I.R.,) to Court and which were received by the learned Judicial Magistrate at 1.40 pm on 26.07.2012.