P.D. RAJAN, J.

1. The appellant, who is the accused in S.C.No.618/2004 of Additional Sessions Judge, Thodupuzha, (Adhoc)-II, challenges the judgment of conviction under section 309 r/w 109 IPC. He was sentenced to simple imprisonment for one year and fine of Rs. 5,000/-, in default of payment of fine, simple imprisonment for three months, being aggrieved by that, he preferred this appeal.

2. The prosecution case is that on 8.11.2003, accused abetted Bajitha to commit suicide and on 9.11.2003 at 11 a.m. she consumed poison entrusted by the appellant, as a result, she became unconscious, immediately, she was taken to Taluk hospital, Thodupuzha and thereafter at Holy Family hospital, Muthalakodam where she had undergone treatment. Karimannoor Police registered crime No.200/2003 and after investigation, the Sub Inspector of Police, Karimannoor laid charge under section 306 IPC before Judicial First Class Magistrate Court, Thodupuzha., from there it was committed to Sessions Court.

3. To prove the offence, prosecution examined PW1 to PW12 and marked Exts.P1 to P9 as documentary evidence. MO1 series were marked as material objects and Exts.D1 to D5 were marked during examination o