(1.) The appellants are the accused 1 and 2 in S.C.No.135 of 2009 on the file of the learned Sessions Judge, Mahila Court, Madurai. Totally, there were six accused including the appellants. The others were arrayed as accused Nos.3 to 6. The trial Court framed as many as four charges as detailed below: <FRM>JUDGEMENT_376_LAWS(MAD)10_2015.html</FRM>
(2.) By judgment dated 30.08.2011, the trial Court acquitted the accused Nos.3 to 6 from all charges, however, convicted these appellants alone under Sections 452 and 302 IPC and sentenced them to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- each, in default, to undergo rigorous imprisonment for three months for the offence under Section 452 IPC and to undergo imprisonment for life and to pay a fine of Rs.3,000/-, in default, to undergo rigorous imprisonment for six months for the offence under Section 302 IPC. The trial Court acquitted these appellants also from the other charges. Challenging the said conviction and sentence, the appellants are before this Court with this appeal.
(3.) The case of the prosecution in brief is as follows: The deceased in this case was one Mrs.Palaniammal. P.W.10 - Mr.Irulandi is her husband. They were residing in a house belonging to one Mr.Bose. Mr.Bose is none else than the brother of P.W.10. The first accused is the husband of the 2nd accused. The first accused is the brother's son of Mr.Bose. All the accused 1 to 6 were closely related to each other. Mr.Bose and the 1st accused wanted the deceased and her husband P.W.10 to vacate the house in their occupation in Bose compound. P.W.10 and the deceased were resisting the said move. This is stated to be the motive for the occurrence. It is further alleged that on 08.02.2007, at about 9.30 a.m., the deceased alone was in her house. P.Ws.1 and 2, who are relatives of the deceased were residing in a different village, had also come there on a request made to them to settle the above dispute. It is alleged that at that time, these two accused had gone into the house of the deceased and the 1st accused poured kerosene and the 2nd accused set fire with a lighted match stick. The deceased sustained extensive burn injuries. The said occurrence was witnessed by P.Ws.1 and 2. P.Ws.1 and 2 informed P.W.10 about the same. P.W.10 rushed to his house and found his wife/the deceased with extensive burn injuries and that too in a serious condition. He immediately rushed the deceased in an Auto to a private hospital in Madurai, but the Doctor in the said hospital refused to admit her, as her condition was serious and instead the Doctor wanted P.W.10 to rush her to the Government hospital. Accordingly, P.W.10 rushed her to the Government Rajaji Hospital at Madurai.