CHINNATHAMBI Vs. STATE

JUDGEMENT

(1.) The appellant in Crl.A.No.437 of 2016 is the first accused and the appellant in Crl.A.No.355 of 2016 is the 2nd accused in S.C.No.266 of 2014 on the file of the Magalir Neethi Mandram (Fast Track Mahila Court) Tiruvallur. They stood charged for offences under Sections 341 and 302 r/w 34 IPC. By judgment dated 27.04.2016, the Trial Court convicted them under both the charges and sentenced them to undergo simple imprisonment for one month and to pay a fine of Rs.500/- each in default to undergo simple imprisonment for one week for the offence under Section 341 IPC and to undergo imprisonment for life and to pay a fine of Rs.2000/- each in default to undergo simple imprisonment for four months for the offence under Section 302 r/w 34 IPC. Challenging the said conviction and sentence, the appellants are before this Court with these appeals.

(2.) The case of the prosecution in brief is as follows: The deceased in this case was one Ms.Gayathri, aged about 17 years. She is the daughter of Mr.Elumalai (P.W.1). She was studying in a local school in 12th standard. Every day, she used to go to school in her bicycle and return in the evening. She also used to go to tuition centre at 5.00 a.m. everyday. The tuition centre was situate at Ammaiyarkuppam village. The distance between the house of the deceased and the tuition centre is roughly around 1 km.

(3.) It is alleged that on 21.05.2011, when the deceased was returning from her school, the Accused 1 and 2 herein along with one Gunasekar @ Mannar (juvenile in conflict with law) intercepted her and eveteased her. The deceased informed the same to her parents. Her parents reprimanded them in public. The Accused 1 and 2 and the said Gunasekar @ Mannar got wild over the said incident. It is alleged that therefore, they decided to do away with the deceased.