KRISHNAKUMARI AND ORS. Vs. STATE

JUDGEMENT

(1.) THE appellants are the accused 1 and 2 in S.C. No. 150 of 2010, on the file of the learned Additional Sessions Judge, Fast Track Court No. I, Thoothukudi. The accused 1 and 2 stood charged for the offence under Section 120 -B read with 302 I.P.C. and the first accused stood charged for yet another offence under Section 302 I.P.C. By Judgment, dated 02.11.2010, the Trial Court convicted them. For the offence under Section 120 -B read with 302 I.P.C., the Trial Court sentenced both the accused to undergo imprisonment for life and to pay a fine of Rs. 1,000/ - in default to undergo rigorous imprisonment for one year and for the offence under Section 302 I.P.C., the Trial Court sentenced the first accused to undergo imprisonment for life and to pay a fine of Rs. 1,000/ - in default to undergo rigorous imprisonment for one year. Challenging the said conviction and sentence, the appellants are before this Court, with these Criminal Appeals.

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

(3.) P .W.15, the then Inspector of Police, Vilathikulam Police Station, took up the case for investigation at 09.30 a.m. on 22.09.2009. Immediately, he proceeded to the place of occurrence and at 10.00 a.m. in the presence of P.W.5 and another witness, prepared an Observation Mahazer and a Rough Sketch. He recovered blood stained earth and sample earth from the place of occurrence under a mahazer. Then, in the presence of panchayatdars at 11.00 a.m. to 02.00 p.m. on the same day, he conducted inquest on the body of the deceased. Ex.P.20 is the Inquest Report. In Ex.P.20, he concluded that some unidentified persons had committed the murder of the deceased. Thus, until 02.00 p.m., there was no clue available in respect of the assailants. Then, he forwarded the body for postmortem. P.W.6 Dr.Mangaladevi, conducted autopsy on the body of the deceased on 22.09.2009 at 03.00 p.m. She found the following injuries: