JAYANHTI @ KAROLINA Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) A1 and A2 in S.C.No.87 of 2008 in S.C.No.87 of 2008 on the file of the Magalir Neethimandram, Chennai, are the appellants herein. They stood charged for an offence under Sec. 306 IPC. By judgment, dated 12.08.2009, the trial court convicted both the accused under Sec. 306 Penal Code and sentenced them to undergo rigorous imprisonment for 5 years each and also to pay a fine of Rs.5000.00 each, in default to under go simple imprisonment for 6 months. Challenging the above said conviction and sentence, the appellants/accused are before this Court with this Criminal Appeal.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) P.W.9, Inspector of Police, attached to the respondent police, on receipt of the complaint, registered a case in Crime No.263 of 2007 for an offence under Sec. 306 Penal Code and prepared a First Information Report (Ex.P.5) and then, he proceeded to the scene of occurrence, prepared an Observation Mahazar (Ex.P2) and drew a Rough Sketch (Ex.P.6) in the presence of the witnesses. He also seized a plastic can (M.O.1) under the cover of mahazar(Ex.P.3). Thereafter, he recorded the statements of the witnesses and at about 11.30 a.m., he conducted inquest on the dead body of the deceased in the presence of the panchayathars and prepared Inquest Report(Ex.P.6). On the same day, at about 1.30 p.m., at West Madha Kovil street, P.C.Press Road junction, P.W.9 arrested both the accused and he sent a memo to the hospital for conducting autopsy on the dead body of the deceased.