VIJAYA Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in S.C. No. 227 of 2008, on the file of the learned Principal Sessions Judge, Madurai. By Judgment, dated 03.04.2009, the Trial Court convicted her under all the three charges and sentenced her to undergo imprisonment for life and to pay a fine of Rs. 2,000/ - in default to undergo rigorous imprisonment for three months for the offence under Section 302 I.P.C., to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000/ - in default to undergo rigorous imprisonment for one month, for the offence under Section 307 I.P.C. and to pay fine of Rs. 2,000/ - in default to undergo simple imprisonment for three months for the offence under Section 309 I.P.C. The sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the appellant is before this Court, with this Criminal Appeal.

(2.) THE case of the prosecution, in brief, is as follows: -

(3.) WHILE so, it is alleged that the accused was eve -teased by the villagers for having married her brother -in -law within one year of the death of her husband. This, according to the prosecution, made her to depress. During the night intervening 04.10.2007 and 05.10.2007, the accused and her children were in the house. P.W.1, namely, her father -in -law and her mother -in - law had gone to a different place, where they were sleeping. It was a normal practice of the workers, working in the rice mill owned by P.W.1 to get tea prepared for the employees as the mill used to run during night hours. In the usual course, P.W.4, one of the mill workers, had come to the house and knocked at the door, in order to get tea from the accused. But, she did not open. He went and informed P.W.1 and others. Then, all of them came to the house and knocked at the door. But, nobody from inside opened it. When they peeped through the key hole, they found the accused hanging by means of saree from fan hook on the terrace. Immediately, they pushed the door, opened it, went inside and removed her from the rope. In the same room, they found the children in unconscious state. Two tumblers were found near them. Then, they immediately rushed the accused and children to the Government Hospital at Usilampatti.