SUBRAMANIAN Vs. STATE

JUDGEMENT

(1.) Though the petition of the appellant/accused, seeking suspension of sentence in M.P. No. 1 of 2015 is listed for disposal, in view of settlement arrived at between parties and on the consent of the learned counsel appearing on both sides, the appeal itself is taken up for disposal.

(2.) This Criminal Appeal is filed against the judgment dated 10.08.2015 in S.C.No.50 of 2014 on the file of the Sessions Court / Fast Track Mahila Court, Nagapattinam, convicting the appellant/accused for the offence under Sec. 307 Penal Code and sentencing him to undergo rigorous imprisonment for four years and to pay fine of Rs.5,000.00, in default, to undergo simple imprisonment for six months. He was acquitted by the trial Court in respect of the charge under Sec. 294(b) IPC.

(3.) The gist of the prosecution case is that the de-facto complainant/P.W.1 (Shanthi), who was living in Nagappatinam, Akkaraipettai, Salt Road, Kamarajar Nagar, fell in love with the accused and married him and out of their wedlock, they have six children. The appellant/accused suspected the conduct of the de-facto complainant and harassed her and hence, she was living in her mother's house at Karaikkal in Chinnoorpettai. On 30.09.2013 at about 2.45 p.m., when the de-facto complainant returned from the meeting of self-aided group and walked on the Salt Road at Nagapattinam along with P.W.5 Vasanthi, the appellant/accused rushed to the place and scolded the de-facto complainant in filthy language and stabbed her with knife on her neck, below the right ear. Hence, for the said act, charges were framed against the appellant/accused for the offences punishable under Sections 294(b) and 307 Penal Code and based on the charge sheet filed before the trial Court, the case was taken on file in Sessions Case No.50 of 2014 and he was tried for those offences and convicted and sentenced as stated supra.