(1.) THIS Criminal Appeal has been directed against the conviction and sentence dated 12.06.2009 passed in Sessions Case No.24 of 2008 by the District and Sessions Court/Mahalir Neethimandram, Madurai.
(2.) THE case of the prosecution is that the first accused is the husband of the deceased Pandiammal. The second accused is the father of first accused and third accused is the younger brother of first accused. On 07.07.2007 at about 06.00 p.m., the deceased Pandiammal has questioned the first accused with regard to taking of liquor by him and due to that with intention to murder her, all the three accused have attacked her by using deadly weapons and subsequently she has been taken to Thiruppuvanam Hospital and thereafter referred to Government Hospital, Melur and thereafter she has been referred to Government Rajaji Hospital, Madurai and after lapse of 1+ months, she passed away. On 08.07.2007, one Vetrilaipandi (P.W.1), father of the deceased has given a complint to P.W.13, viz., Pandi and the same has been registered in Crime No.455 of 2007 under Sections 341, 323 and 506(ii) of the Indian Penal Code. The complaint given by P.W.1 has been marked as Ex.P.1.
(3.) ON receipt of Ex.P.1, the Investigating Officer viz., P.W.17 has taken up investigation, examined some connected witnesses and made alteration in Section of law and after the demise of the deceased, P.W.17 has altered Section as 302 of the Indian Penal Code alongwith other Sections and made arrangements to conduct autopsy on the body of the deceased. The Doctor by name Natarajan (P.W.11) has conducted autopsy and he found the following injuries: