SATHYA Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.292 of 2011 on the file of the learned I Additional District and Sessions Judge, Tiruppur. She stood charged for offences under Sections 302 & 392 I.P.C. By judgment dated 25.04.2013, the trial Court convicted the accused for offence under both the charges and sentenced her to undergo imprisonment for life and to pay a fine of Rs.2,000/ - in default to undergo simple imprisonment for six months, for offence under Section 302 I.P.C., and to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.2,000/ - in default to undergo simple imprisonment for six months, for the offence under Section 392 I.P.C. Challenging the said conviction and sentence, the accused/appellant is before this Court with this Criminal Appeal.

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

(3.) On 14.05.2011, in usual course, in the morning, the deceased went to the factory for work. In normal course, she would have returned from the factory in the evening. On 14.05.2011, she did not return to house. P.W.1, the mother of the deceased went in search of the deceased. According to the further case of the prosecution, at 1.00 pm on 14.05.2011, the accused wanted the deceased to visit her house, so that they can go together to the factory, to receive their salary. Believing the said words, the deceased went to the house of the accused. At that time, she would have been wearing the above stated gold jewels. As already planned, the accused took the deceased to a bush near the bank of a lake in front of her house and attacked the deceased with a crow bar on her head. The deceased fell down in a pool of blood and became un -conscious. The deceased removed the Thali chain, ear studs, pair of drops and gold balls from the body of the deceased. Then, the accused returned to her house. On the same day, at 7.00 pm, the husband of the accused while returning to his house, found the deceased lying at the place of occurrence. He informed his brother Mr.Anand about the same. Mr.Anand, immediately rushed to the place of occurrence. He found the deceased struggling for life with injuries. Immediately, he made an arrangement to take the deceased to the Government Hospital at Tiruppur. The Doctor, declared the deceased dead. On hearing the said information, P.W.1 immediately went to the Government Hospital, Tiruppur. She came to know that the deceased had already been declared dead. When she saw the dead body of the deceased, she found missing of the above gold jewels. Then, she went to the Tiruppur South Police Station and made a complaint at 11.00 am on 15.05.2011. P.W.12, the then Sub Inspector of Police on receipt of the said complaint under Ex.P.1, registered a case in Crime No.3688/2011 for offences under Sections 302 & 392 I.P.C. Ex.P.13 is the F.I.R. He forwarded both Exs.P.1 and P.13 to Court which were received by the learned Judicial Magistrate, Tiruppur at 1.00 pm on 15.05.2011.