DHANASEKAR Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.85 of 2013 on the file of the learned Sessions Judge, Magalir Neethimandram [Fast Track Mahil Court], Tiruvallur, Tiruvallur District. He stood charged for offences under Sections 302 r/w 109 and 306 of IPC. The trial court, by judgement dated 19.09.2014, convicted the appellant under Sections 302 r/w 109 and 306 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,00,000/- in default to suffer simple imprisonment for one year for offence under Section 302 r/w 109 of IPC; and to undergo rigorous imprisonment for ten years and to pay a fine of Rs.50,000/- in default to suffer simple imprisonment for one year for offence under Section 306 of IPC. Further, the trial court granted payment of Rs.75,000/- from and out of the collection of fine so imposed to the sons of the deceased couple namely, (1) Sajju and (2) Kishore as compensation under Section 357 of Cr.P.C. Challenging the above said conviction and sentences the sole accused has come up with this criminal appeal.

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

(3.) On these allegations, a final report was filed by the police and on taking cognizance, the committal court, prima facie, had come to the conclusion that the offence allegedly committed by the accused was under Section 306 of IPC which was triable by a court of session. According to the final report, the accused abetted the commission of suicide by D1. That is how, the committal court, committed the case to the court of session. The learned Sessions Judge, taking cognizance of the offence as required under Section 193 of Cr.P.C. made over the case to the learned Assistant Sessions Judge, Ponneri, for trial. The Assistant Sessions Judge, Ponneri, framed a lone charge under Section 306 of IPC against the accused and conducted trial.