ARUMAINATHAN Vs. STATE

JUDGEMENT

(1.) . The appellants herein have been convicted by the learned IX Additional Sessions Judge, Madras in S.C. No.75 of 1989, for the offences under Secs.302,376 and 448 of the Indian Penal Code to undergo life imprisonment for the first offence and seven years rigorous imprisonment for the next offences and though they have been convicted for the offence under Sec.448 of Indian Penal Code, no separate sentence was imposed on them.

(2.) THE occurrence took place at about 2.00 a.m. on 18.9.1988, in Perambur Kollan Thottam, No. 9, Jamunabai Street, within Sembium police station limits.

(3.) AFTER the committal of the case to the Court of Sessions the learned IXth Additional Sessions Judge, Chennai, framed charges for the offences under Secs.302,448 and 376 of Indian Penal Code and, when the appellants were questioned as to the charges framed against them, they pleaded not guilty of the offences. Therefore, the learned Sessions Judge examined the witnesses P.Ws.1 to 19 produced by the prosecution. After the evidence was over, the appellants were questioned under Sec.313 of Criminal Procedure Code with regard, to the incriminating circumstances found against them in the evidence of the prosecution witnesses. Both the appellants denied their complicity in the crime. The appellant -Arumugam had admitted his relationship with the deceased and the separation between them on account of the interference of the other appellant -Arumainathan when they were residing in the house of one Chinnammal and thereafter taking their residence separately. He also would say that both the children, Gayathri and Devi were taken away by him at the time when they got separated and the child Gayathri was not with the deceased. The other appellant - Arumainathan stated that he himself surrendered before the police as he was in no way connected with the crime, and this case was foisted against him. They did not examine any witness on their side.