ARUMUGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners are A.1 and A.2 in Sessions Case No. 99 of 1994. THEy were tried along with three other accused under Secs. 306 and 201, I.P.C. THE trial Court: acquitted the other three accused, who in this order will be referred to as "A.3 to A.5". THE petitioners, who are A. 1 and A.2 were alone convicted. A.1 was convicted under Sec. 201, I.P.C. and A.2 was convicted under Sec. 306, I.P.C and on being convicted, A. 1 was sentenced to imprisonment till rising of Court and also to pay a fine of Rs. 1,000 with a default sentence of two months simple imprisonment. A.2, on being convicted for the offence under Sec. 306, I.P.C., was sentenced to two years rigorous imprisonment and also to pay a fine of Rs. 1,000 with a direction that in default of payment of fine, he will undergo imprisonment for a further period of two months and aggrieved by the said order of conviction and sentence, both the petitioners preferred an appeal and the Appellate Court confirmed the conviction and sentence. Hence the revision.

(2.) THE allegation against the petitioners is that A.2, being the son of A. 1, had sexual intercourse with Shanthi and Chitra by promising them that he will marry and on 13.3.1994, took them to Paramakudi, where they took photos and later refused to marry and therefore, on 14.3.1994, both Shanthi and Chitra committed suicide. To establish the said allegation, the prosecution before the trial Court, examined P.Ws. 1 to 15.