(1.) ACCUSED 1 and 2, aged about 23 and 48 respectively in Sessions Case No. 61 of 1981 on the file of the Court of Session, Tirunelveli Division, have directed this appeal challenging the validity and correctness of their conviction recorded under Section 302, I.P.C. under charge No. 1, the conviction recorded under Section 457, I.P.C. under Charge No. 2, and the conviction recorded under Section 380, I.P.C. under Charge No. 3, and the sentence of imprisonment for life for the conviction under Charge No. 1, and the sentence of rigorous imprisonment for three years recorded for the convictions under each of charges Nos. 2 and 3, with a direction that the sentences should run concurrently.
(2.) THE accusation on the basis of which the three -charges were levelled against the two Appellants -accused are that on 15th July, 1980 at Velio re village, within the jurisdiction of Srivaikuntam police, both the accused caused the death of one Tiruvadi Ammal, the deceased herein, aged about 70, by strangulating her neck and also by hanging her by a rope and that in the course of the same transaction, the accused committed the offence of lurking house -trespass by night in order to carry out the above offence of murder and also committed theft of M.O. 1, (gold chain) and M.O. 2 series (Pampadams) from the dwelling house.
(3.) THE brief facts of the case, as disclosed from the. oral and documentary evidence, can be stated as follows: P.W. 1 is a resident of Vellore village. The deceased is the daughter of the senior paternal uncle of P.W. 1, and she was residing in one house off on the southern side of the house of P.W. 1. She was issueless, and a widow. On 15th July, 1980, P.W. 1's family members, except the daughter of P.W. 1, viz, P.W. 3, accompanied by P.W. 1's elder brother's son P.W. 2 had been to Kurangani village to attend a festival. P.W. 3 was in the house of P.W. 1, and the deceased was in her house. On the early morning of 16th July, 1980, at about 4 A.M., P.W. 2 alone returned from Kurangani to Vellore. He went to the house of the deceased; and found that the deceased had not woken up as usual. Surprisingly, even upto 7 A.M.,. the doors of the house of the deceased were not opened. P.W. 3, tapped at the door, but there was no response. Therefore P.W. 3, reported this matter to P.W. 2. Then P. Ws 2 and 3 went to the house of the deceased and found a rope hanging on the eastern side of the house from the roof of the house. P.W. 2, with the help of a ladder, climbed and found the deceased Tiruvadi Ammal tanging on a rope. Immediately P.W. 2, went to, Kurangani village and informed P.W. 1 about this. P.W. 1 returned to the village along with P.W. 2. thereafter P. Ws. 1 to 4 went to the house of the deceased and found the deceased hanging. Both the hands were found tied from behind. M.O. 1, a gold chain M.O. 2 series, two gold Pampadams and M.O. 12 series, cash of Rs. l00 were found missing. P.W. 1 reported this incident to P.W. 5, the Village Munsif, at about 10 p.m. P.W. 5 prepared a carbon copy of Ex. P1 viz., Ex. P2 and also the yadasts, Exs. P3 and P4. He sent Exts. PI and P3. to the Srivaikuntam Police Station, and Exts. P2 and P4 to the Court of the Judicial Second Class Magistrate, Srivaikuntam. P.W. 12 registered a case on the basis of Ex. Pl in Crime No. 395 of 1980 on the file of Srivaikuntam Police Station under Sections 302, 457 and 380, I.P.C. Ex. P17 is the printed report. Express reports were sent to the concerned officials.