SANTHI Vs. SENTHILKUMAR

JUDGEMENT

(1.) The appellant in Crl.A.No.452 of 2012 is the Accused No.1 and the appellant in Crl.A.No.10 of 2012 is the Accused No.2 in S.C.No.294 of 2008 on the file of the learned Sessions Judge, Nagapattinam Division, Nagapattinam. They stood charged for offences under Sections 302 r/w 34 and 201 of IPC. The trial court, by judgement dated 02.11.2011, convicted A1 under both the charges and sentenced her to undergo imprisonment for life and to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for three years for offence under Section 302 r/w 34 of IPC and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2,000/- in default to undergo simple imprisonment for one year for offence under Section 201 of IPC; and convicted A2 for the offence under Section 201 of IPC and sentenced him to undergo rigorous imprisonment for seven year and to pay a fine of Rs.2,000/- in default to suffer simple imprisonment for one year. The trial court, however, acquitted A2 from the charge under Section 302 r/w 34 of IPC. Challenging the conviction and sentence imposed by the trial court, A1 has come up with Criminal Appeal in Crl.A.No.452 of 2012 and A2 has come up with Criminal Appeal in Crl.A.No.10 of 2012.

(2.) The case of the prosecution in brief is as follows:- The deceased in this case was one Mr.Palanidurai. A1 is his wife. They were living together along with their child (P.W.5) at Naluvedapathy Village. There were frequent quarrels between A1 and the deceased. The deceased used to keep always an aruval with him and criminally intimidate A1 with direct consequences. A1 was enraged over the same. Therefore, she planned to kill the deceased.

(3.) It is further alleged that six months prior to 06.10.2005, at the house of the deceased, A1 held the legs of the deceased and A2 pressed a pillow against the face of the deceased causing smotheration and as a result the deceased died. After having, thus, caused the death of the deceased, they buried the dead body of the deceased by making a pit just behind the house of A1. A1 and A2 did not disclose about the occurrence to anybody. A1 was passing rumour that the deceased was found missing.