SURESH KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in S. C. No. 191 of 2000 on the file of I Additional Sessions Judge, Dhamapuri at Krishnagiri. The accused, who is the brother's son of one Lakshmi, permanently kept mistress of the deceased, who had faced a charge of murder under Section 302 IPC, but was convicted under Section 304 (ii) IPC and sentenced to undergo 7 years RI by the learned Sessions Judge, is the appellant herein.

(2.) THE committal magistrate, Judicial Magistrate No. II, Dhamapuri, after taking the charge sheet on file as PRC. No. 92 of 1999, had issued summons to the accused and on his appearance furnished copies to the accused under section 207 of Cr. P. C. , and since the case is exclusively triable by the Court of Sessions, the learned Judicial Magistrate Committed the case to the Court of Sessions under Section 209 of Cr. P. C.

(3.) THE learned I Additional Sessions Judge, Dhamapuri at Krishnagiri, had framed charges under Section 302 IPC against the accused on his appearance and explained and when questioned the accused pleaded not guilty. Before the trial Court P. W. 1 to P. W. 10 were examined, Ex. P. 1 to Ex. P. 16 were exhibited and M. O. 1 to M. O. 2 were marked.