SUMAIYA Vs. STATE

JUDGEMENT

(1.) The appellant is the 2nd Accused in S.C.No.77 of 2012 on the file of the learned Additional Sessions Judge, Tirupur. The 1st Accused is one Mr.Ibrahim. The 1st Accused is the husband of the 2nd Accused. Both the accused stood charged for offences under Sections 365, 302 and 392 of IPC. By judgment dated 30.09.2013, the trial court convicted both A1 and A2 under all three charges and sentenced them to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- each in default to suffer rigorous imprisonment for one year for offence under Section 365 of IPC; to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- each in default to suffer rigorous imprisonment for one year for offence under Section 392 of IPC; and to undergo imprisonment for life and to pay a fine of Rs.5,000/- each in default to suffer rigorous imprisonment for one year for offence under Section 302 of IPC. Challenging the above said convictions and sentences, A2 has come forward with the present criminal appeal.

(2.) The case of the prosecution in brief is as follows:- The deceased in this case was one Mrs.Angaiyarkanni. She was running a Beauty Parlor under the name and style "Ajantha Beauty Parlor" in Tirupur. She was already married. But, her husband was residing in Namakkal. The deceased was residing with her parents at Dharapuram Road, Tirupur. P.W.1 is the father and P.W.3 is the mother of the deceased.

(3.) On 06.11.2011 at about 12.00 noon, a man and a woman came in a motor cycle bearing Regn. No.TN 39 V 7165. The woman was in parda. [The said man and the woman have been later on identified as A1 and A2] A1 inquired with P.W.1 as to where the deceased was. A1 disclosed his name as "Ibrahim" and his wife accompanying him as "Sumaiya". When P.W.1 responded, A1 told him that they had come to take the deceased to their house to put make-up for a friend of A2. P.W.1 told that the deceased had gone else where and it would take some time for her to return. Therefore, both A1 and A2 left in the same motorcycle. Within an hour and a half thereafter, both A1 and A2 returned in the same motor cycle. This time, the deceased had already come. They spoke to the deceased and took the deceased with them. A1 and A2 proceeded in their motor cycle followed by the deceased in her motor cycle bearing Regn. No.TN 29 AD 4515. When the deceased left, she was wearing a gold thali chain with thali and a gold chain and also a pair of ear studs. She was also having her mobile phone.