PANDI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment in S.C. No. 129 of 1986 on the file of Principal Sessions Judge, Madurai convicting the appellants for the offences under Sections 459, 302 read with 34 and 392 read with 34, I.P.C. and sentencing them to undergo rigorous imprisonment for five years, life sentence and five years respectively directing the sentences to run concurrently.

(2.) The crux of the accusation against the appellants is that on 16-11-1985 at about 8 a.m., the appellants effected entry into the house of the deceased Vijreswari Ammal situated at door No. 25, Veeraraghavaperumal Street, Tirunagar and murdered the deceased by strangulating her by placing a pillow on her face, tying it with a saree and also tying her hands and legs with the body with the same saree and committed theft of gold jewels of which gold chain weighing about 3 1/2 sovereigns, gold bangles about 5 1/4 sovereigns, a foreign set tape recorder and Rs. 35/- cash all worth about Rs. 16,000/-.

(3.) The prosecution case as discerned from the evidence let in before the trial Court on behalf of the prosecution could be summarised as follows :