MURUGASWAMY Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the judgment dated, 7.9.1993 in C.A.No.102 of 1991, on the file of the First Additional Sessions Judge, Coimbatore. Originally, the petitioner Murugaswamy was convicted for the offence under Section 493, I.P.C., and sentenced to undergo R.I. for two years and to pay a fine of Rs. 1, 000 in default to undergo R.I. for one month, by the learned Judicial Magistrate, Mettupalayam in C.C.No.624 of 1989, dated 8.7.1991. Against this judgment, the above said criminal appeal had been preferred by the petitioner herein, in which the learned lower appellate Court while dismissing the appeal, confirmed the conviction and sentence imposed upon the petitioner by the trial Court.

(2.) THE facts leading to the judgment of conviction are as follows:- P.W.1 Bhagawathiammal is a resident of Mudalipalayam. When she was staying at Melkathavukarai village, she had developed intimacy with the petitioner, who was the neighbour. Since the petitioner assured P.W.1 that he would marry her, P.W.1 allowed him to have inter-course with her and at Melkathavukarai village they were living as husband and wife under one roof for one year. After shifting her residence to Mudalipalayam village, there also they lived together for about three years. But suddenly, the petitioner stopped coming to her house on the instigation of his parents. At that time she was pregnant of three months. Finding no other alternative, P.W.1 gave complaint Ex.P1 to Annoor police station on 7.7.1987, which was registered in Cr.No.172 of 1987 by P.W.7 Nandakumar, Sub-Inspector of Police, under Section 420, I.P.C. THE petitioner was arrested and released on bail subsequently.

(3.) P.W.7, Sub-Inspector of Police during the course of investigation in this case, examined P.W.2 Marathal, P.W.3 Perumal Gounder, P.W.4 Ponnammal and P.W.5 Ramaswamy, the neighbour to speak about the fact that the petitioner and P.W.1 were living together as husband and wife under one roof and that P.W.1 consented to live with the petitioner, without any valid marriage since she was assured by him that he would marry her, in the near future. After registration of the above complaint, P.W.6 Doctor Nirmala, examined P.W.1, at the request of police and issued Ex.P2 certificate to the effect that she was pregnant of 22 weeks. After completion of investigation, on 5.1 2. 1987 P.W.7 Sub-Inspector of Police filed the charge sheet against the petitioner under Section 420 I.P.C. However, P.W.7 has not conducted any investigation with reference to the marriage held between the petitioner and P.W.1 at Maruthamalai temple after the case was registered. On the basis of the F.I.R. and the statements in support of the accusation in the F.I.R., the charge sheet was filed for the offence under Section 420, I.P.C.