KABALI ALIAS GUNASEKARAN Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been filed under Section 374 of Criminal Procedure Code as against conviction and sentence imposed in S.C.No.109/1996 dated 02.05.2002 by the learned Additional Sessions Judge (Fast Track Court-III) at Poonamallee to set aside the same.)THIS appeal is directed against the conviction recorded and sentence imposed by the learned Additional Sessions Judge (Fast Track Court-III), Poonamallee, Chengalpet district in his judgment dated 02.05.2002 made in S.C.No.109/2006 convicting the appellant herein for an offence punishable under Section 498-A IPC and sentencing him to undergo simple imprisonment for a period of one year and pay a fine of Rs.1,000/- with a default sentence of simple imprisonment for a period of three months in addition to the above said substantive sentence in case of commission of default in payment of fine.

(2.) THE appellant stood charged and was prosecuted before the trial court for offences punishable under Sections 306 and 498-A IPC. (Prosecution examined 12 witnesses as P.W.1 to P.W.12 and marked 11 documents as Ex.P1 to P.11 in order to substantiate the charges. No witness was examined and no document was marked on the side of the accused. No material object was produced on either side.) At the conclusion of trial, the learned trial judge found him not guilty of the charge of committing an offence punishable under Section 306 IPC, but found him guilty of the charge of committing an offence punishable under Section 498-A IPC and thus convicted him and imposed a sentence of punishment as indicated above. Challenging the correctness and legality of the conviction and also the sentence the appellant has brought-forth this appeal under Section 374 Cr.P.C.

(3.) AFTER considering the evidence in the light of the arguments advanced on either side, the court below came to the conclusion that the case of the prosecution that the appellant abetted the suicide of the deceased was not proved beyond reasonable doubt and hence he was entitled to be acquitted of the said offence under Section 306 IPC. However, it came to the conclusion that there was evidence implicating him for the offence of committing cruelty to his wife punishable under Section 498-A. Thus the court below recorded conviction for an offence punishable under Section 498-A IPC and imposed a sentence of imprisonment and fine and also default sentence as indicated supra.