V. SHOBANA Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.1 of 2016 on the file of the Fast Track Mahila Court, Erode. She stood charged for the offence punishable under Sec. 302 IPC. By judgment dated 06.05.2016, the trial Court convicted the accused for the offence under Sec. 302 Penal Code and sentenced her to undergo Life Imprisonment and to pay a fine of Rs.10,000.00 in default, to undergo two years simple imprisonment. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

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

(3.) We have narrated the various docket orders passed by the trial Court only to highlight the fact that in gross ignorance of the spirit of the observations made by the Division Bench of this Court in the case of S. Yuvaraj Vs. State cited supra and overlooking the constitutionally guaranteed fundamental right under Art. 21 of the Constitution of India, which declares that the life and liberty of an individual could be deprived of only by following the procedure established by law. The trial Court has conducted the trial and convicted the accused. The said procedure denotes a fair procedure where the proof of guilt should be made beyond reasonable doubts. The trial Court, in our considered view, without affording sufficient opportunity to the accused and without affording legal assistance to the accused, has conducted the trial. Admittedly, on 06.05.2016 the accused made appearance. The counsel for the accused filed a petition under Sec. 311 of Code Criminal Procedure to recall P.Ws.1 to 17. The trial Court dismissed the petition summarily. The Public Prosecutor requested time for argument. The defence counsel also did not come forward to argue. The Court made certain remarks such as 'this Court need not wait for arguments of both sides, when the judgment is reserved for 06.05.2016'. The trial Court delivered the judgment and convicted the accused for the offence under Sec. 302 Penal Code and sentenced her to undergo life imprisonment and to pay a fine of Rs.10,000.00 in default, to undergo two years simple imprisonment.