SEKAR Vs. STATE

JUDGEMENT

(1.) The appeal is preferred against the conviction of the appellant under Sec. 498(A) of I.P.C. and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000.00 in default to undergo rigorous imprisonment for three months. by the learned Sessions Judge, Mahila Court, Cuddalore in S.C.No. 46 of 2007 dated 07.09.2007. The detention period of the appellant was ordered to set off under section 428 of Crimial P.C. Originally the accused was charged for the offences under Sec. 498(A) and 304(B) I.P.C. The learned trial Judge after analysing the entire facts and materials found guilty of the accused under Sec. 498(A) I.P.C. alone and acquitted him from the charges under Sec. 304(B) I.P.C.

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

(3.) In order to establish the case, the prosecution examined P.Ws.1 to 15; marked Exs.P.1 to P.14. No material object marked. After the examination of prosecution witnesses, the accused was questioned under Sec. 313 Crimial P.C. with regard to the incriminating circumstances for which he denied the complicity. Two witnesses (D.Ws.1 and 2) were examined on the side of the accused. He has no document on his side. The Trial Court, after analyzing the evidence on record, convicted the appellant/accused under section 498(A) I.P.C. and imposed sentence as stated above and acquitted from the charges under section 304(B) I.P.C. Challenging the conviction appellant/accused is before this Court by way of this appeal.