RAJAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed, against the judgement of conviction and sentence, dated, 09.06.2010, made in SC.No.1 of 2010 , by the Additional District Sessions Judge (FTC-2), Poonamallee, finding the Appellant guilty for the offences under Sections 326 and 498A of IPC and convicting and sentencing him for the offence under Section 326 of IPC to undergo three years Rigorous Imprisonment and to pay a fine of Rs.5,000/-, in default to undergo three months Simple Imprisonment and for the offence under Section 498A of IPC to undergo one year Rigorous Imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo three months Simple Imprisonment and ordering the sentences to run concurrently.

(2.) The Appellant/ accused was charge sheeted for the offence under Sections 498A and 307 of IPC, alleging that the Appellant/Accused is the husband of the victim, Asha, PW.8 and that on or before 10.06.2007, at the house of the PW.8, at House No.446, 9th Street, Saraswathi Nagar, Thirumullaivoyal, the Appellant/Accused subjected the victim to cruelty and harassed her physically and mentally, by neglecting her without giving money for family expenses and by marrying another girl, thereby constituting the offence under Section 498A of IPC and further alleging that on 10.06.2007, at about 11.00 hours in the above said house, when the victim poured kerosene on herself and threatened to set fire to herself to correct the behaviour of the accused, the Appellant, with an intention to cause the death of the victim, lighted a match stick and thrown the same on her body and thereby caused grievous burn injuries to her, thereby attracting the offence under Section 307 of IPC.

(3.) The final report was taken on file in PRC.No.27 of 2009, by the Judicial Magistrate II, Poonamallee. After compliance of the procedure contemplated under Section 207 of Cr.PC and having found that the case was exclusively triable by the Court of Sessions, the case was committed to the Principal District and Sessions Court, Poonamallee and renumbered as SC.No.1 of 2010 and charges were framed under Sections 498A and 307 of IPC. The accused had denied the charges and sought for trial. In order to bring home the charges against the Appellant/Accused, the Prosecution had examined PW.1 to PW.10 and marked Exs.P1 to P13 and MO.1, match box.