1. The Appellant is the accused in S.C.No.32 of 2011 before the Additional Sessions Judge, Karaikal. The trial Court found him guilty for offence under Section 306 of I.P.C and acquitted him for charge under Section 417 of I.P.C was sentenced him to undergo 3 years R.I and a fine of Rs.2,000/- in default to undergo S.I for 2 months.

2. The Appellant/Accused was charged for offences under Section 417 and 306 of I.P.C. The substance of the charge against the accused is that during the period 2008-2009 the accused had affair with one Rajalakshmi resident of Valluvar Street, Neravy, Karaikal and the Appellant/accused gave promise to marry Rajalakshmi but later refused, cheated and also abated Rajalakshmi to commit suicide by consuming Vasmol 33 Hair Oil.

3. To prove the charge, the prosecution case has examined 13 witnesses and 11 Exhibits were marked. According to the prosecution R.Govindaraj (PW.1) father of deceased Rajalakshmi, on the day of incident at 11.00 a.m, he received a phone call from the College of his daughter informing him that, she was not studying well and irregular in attending the College. When the Rajalakshmi came home at about 7.00pm, her father enquired about the complaint received from the College. Rajalakshmi promised to her father that hereinafter, she will regularly attend the College. After taking dinner, she had slept outside the house. The next day around 5.00 a.m or 5.30 a.m R.Govindaraj wife told him that there is swelling in the Rajalakshmi neck and Rajalakshmi told her that she has consumed Vasmol 33 Hair Oil immediately, Rajalakshmi was taken to Government Hospital, Karaikal for treatment, within one hour, she died. Rajalakshmi's father went to police station and informed about the incident, based on the complaint (Ex.P.1), the respondent police registered the F.I.R (Ex.P.6).

4. The Executive Magistrate, Karaikal conducted inquest, in the inquest, he came to know that the accused who is living opposite to the house of Rajalakshmi had close intimacy with her and had impregnated. When Rajalakshmi asked him to marry, the accused refused to marry. Therefore, frustrated over his refusal, Rajalakshmi has consumed Vasmol 33 Hair Oil during the night hours on 23.11.2009. Thereafter, respondent police had stated their investigation suspecting the role of accused in the suicidal death of Rajalakshmi. G.Sountharavalli (PW.2) mother of the victim, Sankar @ Jayasankar (PW.4) brother of the victim, G.Jayabarathi (PW.7) has disclosed their knowledge about the intimate relationship between Rajalakshmi and the accused and the refusal of the accused to marry Rajalakshmi. Hence, final report was filed charging the accused for offences under Section 417 and 306 of I.P.C.

5. The trial Court believed the case of the prosecution and held that the accused is known to the deceased Rajalakshmi very personally. Knowingly, she has moved with the accused. The postmortem report reveals that at the time of death, the Rajalakshmi was pregnant carrying three months fetus, the accused a married man with two children earlier promised to the deceased he will marry her and later cheated her by refusing to marry found not proved. The contention of the prosecution that Rajalakshmi was fraudulently induced by the accused to give consent for the intercourse on false promise to marry her was rejected. However, the Court held that the prosecution has prove the case against the accused for offence under Section 306 of I.P.C holding that the evidence of PW.2, PW.6 and PW.7 are trust-worthy and believable.

6. Aggrieved by the finding, leading to conviction and sentence the accused has preferred the appeal on the ground that the First Information Report (Ex.P.6) given by PW.1 who is the father of the victim does not implicate the accused. Except, G.Jayaprakash (PW.6) and G.Jayabarathi (PW.7) who are the brothers of the victim girl. There is no other independent witness to prove the alleged intimacy between the accused and the deceased. P