LAWS(MAD)-1989-2-31

SELVAMANI Vs. STATE

Decided On February 02, 1989
SELVAMANI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE accused in Sessions Case No.184 of 1987 on the file of the Assistant Sessions Judge, Chidambaram, is the petitioner.

(2.) ON a final report filed by the respondent for an offence under Sec.304-B of the Indian Penal Code, the petitioner was committed to take his trial before the Assistant Sessions Judge, Chidambaram and after going through the records and hearing counsel a charge was framed by the trial Court on 23.12.1987 against the petitioner under Sec.304 B, I.P.C. The First Information Report was registered on 30.12.1986 at the instance of the father of the deceased Uma alias Umaiyal, in Crime No.175 of 1986 on the file of the Oomangalam Police Station for an offence under Sec.498-A of the Indian Penal Code.

(3.) MR.T.Munirathinam Naidu, appearing on behalf of the respondent submitted that though Sec.304-B, Indian Penal Code was introduced on 19.11.1986, yet in view of the fact that on the date when the charge sheet was filed Sec.304-B, I.P.C., had been introduced, the prosecution has to be still sustained. Further it is contended, that an offence under Sec.498-A, I.P.C. is however disclosed, on the material placed.