NAGARAJ Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) These appeals have been filed assailing the judgment dtd. 25/3/2023 made in S.C.No.155 of 2015 on the file of the learned Fast Track Mahila Court, Virudhunagar District at Srivilliputhur, wherein the trial court has convicted and sentenced the appellants in the following manner:

(2.) The case of the prosecution is that A1 had an illicit relationship with the deceased. A1 had borrowed a sum of Rs.80,000.00, A2 had borrowed a sum of Rs.1,10,000.00 and A3 had borrowed a sum of Rs.50,000.00 from the deceased. They failed to repay back the amount. On 5/10/2014, at about 10.00 noon, the deceased and her sister (PW1) came to the house of A3 and shouted since the amount was not repaid back. Similarly, on 6/10/2014, at about 8.00 p.m., the deceased, along with PW1 and others, entered the place of A1 and took away all his belongings to sell the same and to appropriate towards the amount due and payable. In the same manner, on 7/10/2014, at about 11 a.m., the deceased went to the workshop of A2 and demanded for the amount and since it was not paid, with the help of others, the machines in the workshop were taken away.

(3.) In the light of the above incidents, A1 to A3 along with A4 decided to do away with the deceased. On 7/10/2014, at about 1.00 p.m., A1 called the deceased and informed her that the amount will be repaid back and asked the deceased to come to the workshop of A2 at ESI Colony. Believing the words of A1, the deceased, along with PW1, PW2, PW4 and another person, went to ESI Colony and reached the workshop at about 2.45 p.m. A3 and A4 restrained the deceased and all the accused persons abused the deceased in filthy language. Thereafter, A1 attacked the deceased with a knife on the back of her head, right cheek, right ear and right eye and on the other parts of the body. A2 also attacked the deceased with a knife on her back side, on the back of the head and at the back of the right hand. As a result, the deceased died on the spot. When PW1, PW2 and PW4 raised alarm, the accused persons threatened them with dire consequences.