MARY XAVIER Vs. STATE

JUDGEMENT

(1.) APPEAL against the Judgment, dated 14.7.2008, passed in Sessions Case No.160 of 2007 on the file of the Additional District Sessions Judge, Fast Track Court No,3, Thiruvallur. Appellant Mary Xavier is the Accused No,2 in Sessions Case No.160 of 2007 on the file of Additional District Sessions Judge, Fast Track Court No,3, Thiruvallur and she has preferred this appeal challenging the conviction and sentence imposed on her by judgment dated 14.7.2008 in the case. For the sake of convenience, in this Judgment, the appellant will be referred to as Accused No,2.

(2.) CHARGES under Sections 302 IPC as against A1 David Arokiaraj alias Doss 302 read with 34 IPC as against A2 Mary Xavier, 201, 203 read with 34 IPC were framed against both the accused. The learned Additional Sessions Judge found both A1 David Arokiaraj and A2 Mary Xavier guilty of the offence under Section 302 IPC and convicted and sentenced each of them to undergo Life Imprisonment and to pay a fine of Rs.50,000/- each, in default, to undergo four years Simple Imprisonment each for the said offence and found both the accused guilty of the offence under Section 201 IPC and convicted and sentenced each of them to undergo two years Rigorous Imprisonment and to pay a fine of Rs.2,000/- each, in default, to undergo imprisonment for three months each and further found A2 Mary Xavier guilty of the offence under Section 203 IPC and convicted and sentenced her to undergo one year Rigorous Imprisonment for the said offence.

(3.) THE accused Nos.1 and 2 were questioned under Section 313 Cr.P.C and they denied complicity. A2 Mary Xavier filed written statement and Ex.D1 was marked and no witness was examined on the side of defence.