KANNAN @ TAMILAZAGAN (A1) Vs. STATE REP BY INSPECTOR OF POLICE, B9, SARAVANAMPATTI POLICE STATION, COIMBATORE DISTRICT. (CR.NO.708 OF 2011)

JUDGEMENT

(1.) The appellants/accused 1 and 3 in S.C. No. 208 of 2013 on the file of the learned Sessions Judge, Magalir Neethimandram (Mahila Court), Coimbatore. The second accused was one Mr. Swamiappan and the fourth accused was one Mrs. Renukadevi. The trial Court framed as many as five charges against the accused as detailed below: <FRM>JUDGEMENT_335_LAWS(MAD)7_2016.html</FRM> During the pendency of the trial, the second accused Mr. Swamiappan absconded and therefore the case against him was split up and being tried separately. By judgment dated 29.04.2015, the trial Court, acquitted the fourth accused, however convicted these two appellants / accused 1 and 3 under Sections 449, 376 r/w 511, 302 and 392 I.P.C. and sentenced them to undergo imprisonment for life and pay a fine of Rs.10,000.00 each in default to undergo simple imprisonment for three months for offence under Sec. 449 I.P.C; to undergo rigorous imprisonment for five years and pay a fine of Rs.10,000.00 each and in default to undergo simple imprisonment for three months for offence under Sec. 376 r/w 511 I.P.C.; to undergo imprisonment for life and pay a fine of Rs.25,000.00 each and in default to undergo simple imprisonment for three months for offence under Sec. 302 I.P.C. and to undergo rigorous imprisonment for seven years and pay a fine of Rs.5,000.00 each and in default to undergo simple imprisonment for three months for offence under Sec. 392 I.P.C. Challenging the said conviction and sentence, the appellants are before this Court with this appeal.

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

(3.) The deceased in this case was a young girl by name Divya Mariya hardly aged about 17 years. P.W.1 is her father. P.W.1 was working in the Government hospital at Tirupur. The mother of the deceased was working as a teacher in a Government School at S.S.Kulam. The deceased had two brothers. One of the brothers was employed in All India Radio, Chennai and the other brother was studying in an Engineering College in Chennai. Thus, both the brothers of the deceased were staying in Chennai. P.W.1, his wife and the deceased were residing at No.10, Aruna Layout, Athipalayam, Santhi Road, Ganapathy, Coimbatore. P.W.1 and his wife used to leave their house in the morning to go to their respective office and to return in the evening. Thus, during the day time, after the departure of P.W.1 and his wife, the deceased alone used to be in the house.