ELANGOVAN ALIAS CHINNAPILLAI Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed to set aside the judgment made in S.C.No.241 of 2007, dated 23.04.2008 passed by the learned Sessions Judge of Tiruchirappalli, Trichy.

(2.) The respondent has registered a case against the appellant for the offence punishable under Section 302 IPC. After investigation, the respondent police laid a charge sheet before the learned Judicial Magistrate, Lalgudi in P.R.C.No.14 of 2007 and the case was committed to the Sessions Court Judge, Trichy.

(3.) The learned Sessions Judge after completing formalities, framed charges against the appellant for the offence under Section 304(i) IPC. Thereafter, in order to prove the case of the prosecution, the prosecution examined as many as 12 witnesses and marked 20 documents besides 2 material objects. After completion of prosecution witnesses, on the side of the appellant, no oral and documentary evidence was adduced. After completion of trial and also hearing the arguments on either side and also on perusal of the records, the learned Sessions Judge found that the accused was not found guilty for the offence punishable under Section 302 IPC whereas found guilty for the offence punishable under Section 304(i) IPC and sentenced to undergo rigorous imprisonment for a period of seven years and imposed a fine amount of Rs.1,000/- i/d to undergo rigorous imprisonment for further period of six months. Challenging the said judgment, the accused filed the present Criminal Appeal.