K KUNJARAVELU Vs. STATE

JUDGEMENT

(1.) The appellants/A1 & A2 have filed the Criminal Appeal, challenging the judgment, dated 18.01.2017, in S.C.No.392 of 2014 on the file of I Additional District and Sessions Judge, Madurai, in and by which, A1 was convicted under Section 302 and A2 was convicted under Section 302 r/w 34 I.P.C. and they were sentenced to undergo life imprisonment and fine of Rs. 10,000/- each, in default, one year rigorous imprisonment as also convicted for offence under Section 380 I.P.C. and sentenced to undergo 7 years R.I. and fine of Rs. 10,000/- each, in default, six months rigorous imprisonment.

(2.) The prosecution case is that due to previous enmity, the accused conspired to do away with the deceased and to rob the chain worn by her and in pursuance thereof, on the night of 23.01.2013 when the deceased was resting at home, A2 caught hold of her legs and A1 strangulated her and they robbed the 4 sovereigns chain worn by her.

(3.) P.W.1, son of the deceased, preferred a complaint before Special Sub Inspector of Police at Avaniapuram Police Station on 24.01.201 P.W.13, Special Sub-Inspector of Police registered the complaint in Crime No.59 of 2013 under Sections 302 and 380 IPC and prepared Ex.P.8 FIR. P.W.18, Inspector of Police, took up investigation, went to the scene and prepared observation mahazar Ex.P.2, as also rough sketch Ex.P.17. He conducted inquest over the body of deceased in the presence of Panchayatars and prepared Ex.P.18, Inquest Report and sent the body to Government Rajaji Hospital, Madurai through PW-16 Constable for post-mortem. The Post-mortem Report is Ex.P10. He examined witnesses and recorded their statements and recovered M.Os.1 and 2 a gold chain and blood stained pillow. On 006.2013, he arrested the accused near Ayyanar Temple at Ayan Pappakudi and recorded their confessions in the presence of P.W.11, Village Administrative Officer and another. He sent the accused to judicial custody on the same day. He sent a requisition for chemical analysis. He obtained postmortem report and examined P.W.14 - Dr.Natarajan and recorded his statement. Upon completion of investigation, he filed a charge sheet informing commission of offences under Sections 302, 380 r/w 34 IPC. On committal, the case was tried in S.C.No.392 of 2014 on the file of learned I Additional District and Sessions Judge, Madurai. Before trial Court, prosecution examined 18 witnesses and marked 22 exhibits and 2 material objects. None were examined on behalf of defence nor were any exhibits marked.