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R.SUBBIAH
Subramanian – Appellant
Versus
State – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. M. Govindaraju, Advocate
For the Respondent: Mr. P .Govindarajan, A.P.P.

JUDGMENT

R. Subbiah, J.—Though the petition of the appellant/accused, seeking suspension of sentence in M.P.No.1 of 2015 is listed for disposal, in view of settlement arrived at between parties and on the consent of the learned counsel appearing on both sides, the appeal itself is taken up for disposal.

2. This Criminal Appeal is filed against the judgment dated 10.08.2015 in S.C.No.50 of 2014 on the file of the Sessions Court / Fast Track Mahila Court, Nagapattinam, convicting the appellant/accused for the offence under Section 307 IPC and sentencing him to undergo rigorous imprisonment for four years and to pay fine of Rs.5,000/-, in default, to undergo simple imprisonment for six months. He was acquitted by the trial Court in respect of the charge under Section 294(b) IPC.

3. The gist of the prosecution case is that the de-facto complainant/P.W.1 (Shanthi), who was living in Nagappatinam, Akkaraipettai, Salt Road, Kamarajar Nagar, fell in love with the accused and married him and out of their wedlock, they have six children. The appellant/accused suspected the conduct of the de-facto complainant and harassed her and hence, she was living in her mother’s house at Karaikkal in Chi

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