(1.) The appellant is the accused in the Sessions Case No.126 of 1998 on the file of the Principal Sessions Judge, Coimbatore. He was convicted under Sections 392 r/w. 397, 302, 323 and 201 (Part-I) I.P.C. by the Principal Sessions Judge, Coimbatore on 11.12.1998 and he has preferred this appeal questioning the legality of the same.
(2.) The appellant herein is referred to hereunder as accused for the sake of convenience.
(3.) The charge against the accused in substance may be extracted hereunder:- On 13/14.5.1997 at mid night in Nadumalai Estate, South division in Valparai, the accused with the intention to commit robbery after committing murder of the deceased Saraswathi @ Chinnammal in the backyard of her house, attacked her with iron rod and robbed her of two sovereign of gold chain worth Rs.6,000/-. In the course of the same transaction, the accused had assaulted the witness Perumal Ammal @ Thangammal, mother of the deceased and also strangulated her neck with intention to commit murder. In the course of the same transaction, the accused had with the intention to cause the evidence of the offence to disappear, dragged the dead body of Saraswathi @ Chinnammal into the tea garden and buried the same. Hence, he is liable to be punished under Sections 392, 302, 307, 201 r/w 301 I.P.C.