S KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 18.06.2010 passed in S.C.No.20 of 2010 on the file of the Principal Sessions Judge, Erode, whereby the appellant being the sole accused convicted and sentenced to undergo seven years Rigorous Imprisonment and to pay a fine of Rs.5,000/- i/d to undergo one year Rigorous Imprisonment for offence punishable under Section 304 Part-II IPC.

(2.) Based on the final report filed in Crime No.201 of 2009 in Kadathur Police Station, the learned Judicial Magistrate No.II, Gobichettipalayam, took up the case on file in PRC.No.12 of 2009. After appearance of the accused, he committed the case to the learned Principal Sessions Judge, Erode, as the offence u/s.302 IPC is exclusively triable by the Court of Sessions.

(3.) The short facts of the prosecution revealed from the evidence on record is as follows: