NAGU ALIAS NAGAVEERALAKSHMI Vs. STATE

JUDGEMENT

(1.) THE appeal is directed against the judgment dated 30.04.2004 made in Sessions Case No.621 of 2003 on the file of the learned VI Additional Sessions Judge, Chennai, whereunder the appellant, a woman, aged about 23 years at the time of trial, was convicted for the offences punishable under Sections 302 and 380 I.P.C. and sentenced her to undergo imprisonment for life and rigorous imprisonment for two years respectively. Both the sentences were directed to run concurrently. Aggrieved against the conviction and sentence, the present appeal has been preferred before this Hon'ble Court.

(2.) AS per the charge framed by the trial Court, it is alleged that on 19.10.2001 at 11.00 p.m., the accused, who was staying along with the deceased in a flat, demanded money from the deceased and when the deceased refused to give the same, on 20.10.2001 at 2.00 a.m., the appellant threw chilli powder on her face, assaulted her with a stick on her head and further closed her mouth by cloth and in the result, she succumbed to the injuries, thereby committed an offence punishable under Section 302 I.P.C. In the course of the same transaction, the accused committed theft of 13 sovereigns of gold jewels, silver articles and silver anklets, sarees, camera, all worth about Rs.1 lakh and thereby committed an offence punishable under Section 380 I.P.C.

(3.) THE case of the prosecution, as discerned from the evidence of prosecution witnesses, is as follows: