THANGADURAI & ORS. Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment, dated 09.10.2012, made in S.C.No.61 of 2010 on the file of the I Additional District and Sessions Judge, Salem, convicting A1 and A3 for the offence under Section 325 of IPC and sentenced to undergo RI for 3 years and to pay a fine of Rs.5,000/- with default clause and convicting A2 for the offences under Sections 325 r/w 34 of IPC and sentenced to undergo 3 years RI and to pay a fine of Rs.5,000/- with default clause and convicting A1 to A3 for the offence under Section 201 of IPC and sentenced to undergo RI for 2 years and to pay a fine of Rs.5,000/- with default clause.

(2.) The Inspector of Police, Edappadi Police Station laid charge sheet against A1 to A3 alleging that A1, who married the deceased Jayadevi @ Mangayarkarasi, due to enmity with the deceased for non co-operation of marital life, on 010.2009 at 11.45 a.m., in the house of A1 along with A2 and A3 with a common intention to murder her, A1 slapped her indiscriminately on both sides of her head and she died on the spot. After the death, all the three accused with an intention to screen themselves from legal punishment, by pouring kerosene over the body of the deceased set fire to it so as to appear as it is a case of suicide and there by A1 committed offences under Sections 302 and 201 of IPC and A2 and A3 under Sections 302 r/w 34 and 201 of IPC.

(3.) The learned Judicial Magistrate-II, Sankari, after furnishing copies to the accused, committed the case to the Court of Sessions and the Principal Sessions Judge, Salem, made over the case to the I Additional District Court for trial. The I Additional District Court framed charges against the accused and questioned them. Since the accused pleaded not guilty, they were put on trial.