SRINIVASAN AND ORS. Vs. STATE

JUDGEMENT

(1.) The appellants are the accused 1 to 3 in S.C.No.102 of 2010 on the file of the learned Principal Sessions Judge, Krishnagiri. They stood charged for offence under Section 302 r/w 34 I.P.C. By judgment dated 15.09.2010, the trial Court convicted the accused for offence under Section 302 r/w 34 I.P.C., and sentenced them to undergo imprisonment for life and to pay a fine of Rs.10,000/- in default to undergo six months rigorous imprisonment. Challenging the said conviction and sentence, the appellants are before this Court with this criminal appeal.

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

(3.) P.Ws.1 and 2 are the brother and sister respectively of the deceased. On 03.12.2009, it is alleged that P.Ws.1 and 2 took the deceased to the house of A.1. They reached the house of A.1 at 8.30 am. At that time, in the house of A.1, A.2 and A.3 were present. A.1 was not available. A.2 informed A.1 about the arrival of the deceased and P.Ws.1 and 2. At 9.45 am, A.1 returned home. On reaching the house, after making some courtesy enquries to P.Ws.1 and 2, A.1 took the deceased into a room of the house and A.2 and A.3 also followed. Within 15 minutes, that was at 10.00 am, in the room in the house, some noise emanated which was unusual. Suspecting some foul play, P.Ws.1 and 2 rushed towards the room. It is further alleged that P.W.1 found that the deceased was lying; A.2 was holding her legs; A.3 was holding her hands and A.1 stabbed the deceased on her neck by shouting and calling the deceased as an "unchaste woman". On seeing P.Ws.1 and 2, it is alleged that all the three accused fled away from the scene of occurrence. The occurrence was witnessed by P.W.3 also. The deceased died instantaneously.