R SILAMBARASAN S/O RAMALINGAM Vs. STATE REP BY INSPECTOR OF POLICE, IRMBULLI POLICE STATION, UDAYARPALAYAM TALUK

JUDGEMENT

(1.) The appellant/accused being aggrieved of the conviction passed on 19.01.2011 in S.C.No.7 of 2008, on the file of the Mahila Court, Perambalur for the offence under Section 306 IPC and sentenced him to undergo rigorous imprisonment for five years and a fine of Rs.10,000/- in default in payment of fine to undergo six months simple imprisonment, has preferred this appeal.

(2.) The case of the prosecution in brief is as follows :- P.W.1, the grand-father of the deceased lodged a complaint on 12.06.2006, alleging that his grand-daughter, the victim was under his custody and she completed her eighth standard school studies. While so, the deceased fell in love with the accused and accused used to present the poems and photos. After coming to understand about the love affair between the accused and the deceased, on 11.06.2006 at about 9.30 p.m., there was panchayath held with the accused and others. During the panchayath, the accused and his parents refused to marry the deceased and further the accused stated that he do not bother even though the deceased died. After panchayath, at about 1.00 a.m., the deceased went to the cattle shed of the accused and hanged herself and died. In the said panchayat Poonusamy, Selvaraj, Thangamuthu, Mannar, Kasi and one Selvakumar were also present and they had knowledge about the incident.

(3.) Upon receipt of the complaint the respondent registered a case in Crime No.50 of 2006 for the offence under Section 306 of IPC under Ex.P.9 against the appellant and two others. The respondent proceeded to the place of occurrence and removed the dead body and sent the same for conducting postmortem. After completion of the investigation, a charge sheet has been laid against all the accused for the offence under Section 306 IPC. The trial Court framed the charges for the offence under Section 306 IPC and the accused pleaded not guilty and claimed for trial.