SELVI Vs. STATE

JUDGEMENT

(1.) Appellant and three others faced trial in S.C.No.260 of 2002 on the file of learned Additional District and Sessions Judge, Fast Track Court I, Salem, Salem District. The trial Court, under judgment dated 17.12.2002, convicted appellant/A1 for offences under Sections 302 and 201 r/w 302 IPC and sentenced her to life imprisonment and fine of Rs.1,000/- i/d 1 year R.I. for offence u/s.302 IPC, 7 years R.I. and fine of Rs.1,000/- i/d. 1 year R.I. for offence u/s.201 r/w 302 IPC. Against such finding, the present appeal has been filed.

(2.) The case of the prosecution is that A2, A3 and A4 respectively are husband, brother and mother of A1 and they are residing at Raman Nagar, Karumalaikoodal. PW-1 was also residing at such place. A2 had an illicit relationship with PW-1. Angered thereby, A1 warned PW-1 not to continue such relationship and also threatened her of doing away with her son. The deceased/son of PW-1, came to the house of A1, to play with her son on 26.12.2001 at about 05.00 p.m. A1 indiscriminately assaulted the deceased, caused injuries all over his body, strangulated his neck using a copper wire and caused his death. A1 draped the body and kept the same in the kitchen towards screening the offence. In collusion with A1, A2 to A4 attempted to throw the body of the deceased into the waters of a Dam.

(3.) Pws.1 and 2, parents of the deceased, preferred a complaint [Ex.P1] on 27.12.2001, at 10.30 p.m., before PW-10, Sub-Inspector of Police, Karumalaikudal Police Station, who registered a case in Crime No.692 of 2001 for offences u/s.302 and 201 IPC. The printed First Information Report, Ex.P13, was forwarded to Court. PW-11, Inspector of Police, Karumalaikudal Police Station, took up investigation on the same day. He went to the scene at 11.30 p.m., prepared observation mahazar [Ex.P3] and rough sketch [Ex.P14] in the presence of PW-4 and another. He conducted inquest in the presence of panchayatdhars between 11.30 p.m. and 03.00 a.m. The inquest report is Ex.P15. He examined PWs.1 to 4 and three others and recorded their statements. He sent the body for post-mortem through PW-9, Head Constable, along with a requisition [Ex.P6]. Post-mortem was conducted by PW-6, Doctor. The post-mortem report is Ex.P7 and the same reads thus: