R. CHAWDESHWARAN Vs. STATE

JUDGEMENT

(1.) The respondent police registered a case against the appellant/accused for the offence under Sections 450 and 376(i) IPC. During the investigation, the victim was died and the Section was altered into 306 IPC. After the investigation, the respondent police laid a charge sheet before the learned Judicial Magistrate No-1, Mettur, for the offence under Section 450, 376 and 306 IPC. The learned Judicial Magistrate No-1, Mettur, taken the charge sheet on file in P.R.C.No.26 of 2009, since the offence is exclusively triable by the Court of Sessions and the offence is against the women, the case was committed to the Mahila Court, Salem. The learned Sessions Judge, Mahila Court, Salem, taken the case on file in S.C.No.288 of 2010 and after completing the legal formalities framed charges against the appellant for the offence under Section 450, 376(i) and 306 IPC.

(2.) During trial in order to prove the case of the prosecution as many as 12 witnesses were examined and 19 documents were marked besides three material objects. After completing the evidence of the prosecution, when incriminating circumstances culled out from the prosecution witnesses and put before the appellant, he denied as false. On the side of the defence, no oral and documentary evidence was produced.

(3.) The learned Sessions Judge, Mahila Court, Salem, after completing trial and after hearing the arguments on either side and also perused the entire records come to the conclusion that the appellant has not committed the offence under Section 376(i), 450 IPC and acquitted him for the above said offences and the learned Sessions Judge, Mahila Court, Salem, found that the appellant has committed the offence only under Section 306 IPC and sentenced him to undergo 7 years Rigorous Imprisonment and to pay a fine of Rs.50,000/-, in default, to undergo one year Simple Imprisonment.