LAWS(MAD)-2019-4-978

MANI @ MANIKANDAN Vs. STATE

Decided On April 02, 2019
Mani @ Manikandan Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This Criminal Appeal is filed, against the judgement of conviction and sentence, dtd. 3/9/2009, made in SC.No.497 of 2007, by the learned VI Additional District and Sessions Judge, Chennai, convicting and sentencing the Appellant, for the offence under Sec. 417 of IPC, to undergo six months Rigorous Imprisonment and to pay a fine of Rs.5,000.00, in default, to undergo three months Simple Imprisonment and for the offence under Sec. 306 of IPC, to undergo five years Rigorous Imprisonment and to pay a fine of Rs.50,000.00, in default, to undergo one year Simple Imprisonment and ordering the sentences to run concurrently.

(2.) The case of the Prosecution is that a love affair prevailed between the Appellant/accused and the deceased, Devi for six months, before the date of occurrence and that the Appellant/accused, on a false promise to marry the deceased, induced her and had sexual intercourse, due to which, the deceased became pregnant and that on 7/9/2007 and 8/9/2007, when the deceased demanded the Appellant/accused to marry her, the Appellant/accused refused to marry her and being dejected by such refusal, the deceased committed suicide on 8/9/2007 at about 11.00 a.m. at her residence, by self immolating herself and later, she succumbed to burn injuries on 12/9/2007 at 10.00 a.m. in the Hospital. Hence, the Appellant/ accused was charge sheeted for the offence under Sec. 306 of IPC.

(3.) The Committal Court, after complying with the procedure under Sec. 207 of Cr.PC and having found that the case was exclusively triable by a Court of Session, had committed it to the file of the Principal District and Sessions Judge, Chennai and the Court had taken the case in SC.No.497 of 2007 and made over the case to the Trial Court. The Trial Court, on perusal of the materials and after hearing the accused, had framed charges for the offences under Ss. 417 and 306 of IPC. The accused had denied the charges and sought for trial. In order to bring home the charges against the accused, the prosecution examined PW.1 to PW.16 and also marked Exs.P1 to P15 and Mos.1 to 5.