THIRUPATHY Vs. STATE REPRESENTED BY PUDHUCHATRAM POLICE STATION

JUDGEMENT

(1.) The criminal revision has been filed against judgment dated 21.12.2012 made in C.A.No.45 of 2012 by the learned Principal Sessions Judge, Namakkal, confirming the judgment dated 04.09.2012 made in C.C.No.170 of 2009 by the learned Judicial Magistrate II, Namakkal.

(2.) A case was registered against the petitioner/accused in Crime No.370/2009 by the Inspector of Police, Puduchatram Police Station, under Sections 279 and 304(A) IPC. After investigation, the Inspector of Police/P.W.11 had filed a final report before the learned Judicial Magistrate, Namakkal, which was taken on file in C.C.No.170 of 2009.

(3.) Before the trial Court, in order to prove the case of the prosecution, P.W.1 to P.W11 were examined and Ex.P1 to Ex.P8 were marked and on the side of the accused, D.W.1 was examined and no document was marked. No material object was produced by prosecution. The learned Magistrate, after trial found the accused guilty under Sections 279 and 304 (A) and convicted him and imposed fine of Rs. 500/-, in default, to undergo simple imprisonment for a period of two weeks, for the offence under Section 279 IPC and sentenced him to undergo three months rigorous imprisonment with fine of Rs. 4,500/-, in default, to undergo simple imprisonment for a period of four weeks, for the offence under Section 304 (A) IPC, by judgment dated 04.09.2012. Aggrieved against the same, the accused preferred an appeal in C.A.No.45 of 2012 before the learned Principal Sessions Judge, Namakkal. The lower appellate Court, after hearing the arguments advanced by the counsel on either side, by judgment dated 21.12.2012, dismissed the appeal and confirmed the conviction and sentence passed by the learned Magistrate.