ISWARI W/O VALLAVAN Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in Sessions Case No. 73/2002 on the file of the learned Additional Sessions Judge, Fast Track Court, Periyakulam wherein she stood charged under Section 302 and Section 302 read with Section 201 IPC and on trial, she was found guilty only under Section 302 IPC and sentenced to undergo life imprisonment and acquitted of the charge under Section 302 read with Section 201 IPC. Challenging the said judgment, the appellant has brought-forth this appeal.

(2.) The brief facts necessary, sans unnecessary facts, for the disposal of the appeal can be stated thus:

(3.) The case was committed to the Court of Session and necessary charges were framed. To substantiate the charges levelled against the accused, the prosecution marched 21 witnesses as P.Ws.1 to 21 and relied on 22 documents, marked as Exs.P-1 to P-22 as well as 12 material objects, marked as M.Os.1 to 12. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 of the Code of Criminal Procedure as to the incriminating circumstances found in the evidence of the prosecution witnesses. The accused denied them flatly as false. No defence witness was examined. The trial court heard the arguments advanced on either side, scrutinised the materials available and took the view that the prosecution has proved the charge under Section 302 IPC and found the accused guilty thereunder and sentenced her to undergo life imprisonment and acquitted the accused in respect of the charge under Section 302 read with Section 201 IPC. Hence, this appeal by the appellant challenging the conviction and sentence under Section 302 IPC.