GAJALAXMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal filed by the two appellants. Gajalaxmi and Bukthavalsalam alias vatsala (A-2 and A-1 is directed against the judgment and order of the division bench of Madras high court, under which A-1's conviction under section 302, Indian Penal Code and A-2's conviction under sections 302/109 and 201, Indian Penal Code have been confirmed. The case mainly rests on the evidence of P. W. 1, the approver.

(2.) The deceased Lakshmi Ammal was the mother of P. W. 2 (Ethiraj) who is the husband of the second appellant. P. W. 2 was working in the Heavy vehicles Factory at Avadi. The second appellant comes from Bangalore, where her parents and brothers are living. She was given in marriage to P. W. 2 on 26/11/1972. It appears from the beginning the deceased did not take kindly to the second appellant and she was constantly nagging her. The prosecution examined several witnesses who spoke about the hostility between the deceased and A-2.

(3.) According to the prosecution, P. W. 1 the approver who belonged to Bangalore took to bad ways and used to indulge in thefts and, therefore, he was driven out of home and thus he was a wayward youth. He became friendly with the first appellant who suggested that P. W. 1 may come along with him to Madras. The first appellant told P. W. 1 about the second appellant and the ill-treatment meted out to her by the deceased. According to the prosecution, the ill-treatment of the second appellant continued and the second appellant began saying openly that her life was being ruined by Lakshmi Ammal the deceased. Thus, the constant nagging and ill-treatment by Lakshmi Ammal of the second appellant had provoked the two appellants to conspire and do away with her with the assistance of P. W. 1-the approver. This is said to be the background for committing the murder of the deceased.