SIVAKAMI Vs. STATE

JUDGEMENT

(1.) The appellant is the Accused No.2 in S.C. No.30 of 2016 on the file of the learned Additional Sessions Judge, Erode, Erode District. A1 is one Mrs. Ranjitha. The trial court framed two charges. The first charge was under Sec. 302 of Penal Code [Two counts] as against both A1 and A2 and the second charge was under Sec. 203 of Penal Code against A2 alone. The trial court, by judgement dated 28.02.2017, convicted both A1 and A2/the appellant herein for offences under Sec. 302 of Penal Code [Two counts] and also convicted A2 for offence under 203 of Penal Code and sentenced A1 to undergo imprisonment for life for each count for offence under Sec. 302 of Penal Code [Two counts] and sentenced A2 to undergo imprisonment for life and to pay a fine of Rs.1,000.00 for each count in default to suffer imprisonment for a period of six months for each count for offence under Sec. 302 of Penal Code [Two counts] and to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500.00 in default to suffer imprisonment for a period of three months for offence under Sec. 203 of IPC. The trial court has not mentioned the description of imprisonment in case of default of fine. The sentences imposed on both A1 and A2 have been ordered to run concurrently. Challenging the conviction and sentences imposed on A2, she is before this court with this criminal appeal.

(2.) The case of the prosecution in brief is as follows:- A1 is the daughter of A They were residing at Kengampalayam, Gangapuram Village in Erode Taluk. A1 was married to one Easwaran. Through the said wedlock, they had two male children by name (1) Nithish, aged 5 years and (2) Anbarasan, aged 2 years. A1 had misunderstanding with her husband and therefore, her husband (P.W.1) was residing at Chennanayakkanur village.

(3.) A1 had developed illicit intimacy with one Anbu @ Anbalagan. According to the case, the presence of children [hereinafter referred to as "D1" and "D2"] was a hindrance for A1 to have illicit relationship with Anbu @ Anbalagan. Therefore, she decided to do away with both her children.