RANI ALIAS UNNAMALAI Vs. STATE

JUDGEMENT

(1.) THESE two appeals have been filed by the first and second accused challenging the judgment of the Additional Sessions Division, Fast Track Court No.1, Chenglepet, whereby, on trial, A1 was found guilty under section 302 r/w 34 and 201 I.P.C. and awarded life imprisonment and 7 years rigorous imprisonment respectively along with fine and default sentences and A2 was found guilty under section 201 r/w 34 I.P.C. and awarded 7 years rigorous imprisonment along with fine and default sentence.

(2.) THE short facts necessary for the disposal of these appeals can be stated as follows:(a) A1 is the wife of the deceased Shankar. A1 developed illicit intimacy with A2. When it came to the knowledge of the deceased., he not only warned her but also began to quarrel and beat her. Hence, A1 and A2 desired to finish him off. On the date of occurrence i.e., on 15.4.2003 at 11.30 hours when both A1 and the deceased were in the house, they were quarrelling. On seeing the deceased beating A1, A2 beat the deceased on different parts of the body. A1 took her husband inside the house and A2 left the place. After sometime, when A2 came there, A1 informed him that she has caused the death of her husband by strangulation. Immediately, A1 and A2 took the body of the deceased and buried the same nearby the lake bund. (b) On 18.11.2004, when P.W.1-Ward Councillor was in his office, A2 appeared before him and gave a confessional statement. It was also recorded by P.W.1 and P.W.1 took A2 to the Police Station and produced him before P.W.7, Inspector of Police of the concerned circle. P.W.2 registered a case in Crime No.315 of 2004 under Sections 302, 201 r/w 34 I.P.C. and the express F.I.R.-Ex.P9 was despatched to Court. Following the confessional statement made by A2, A1 was arrested.(c) P.W.7, Investigating Officer took up investigation. A1 took the Police Officer and the witnesses to the place of burial and the dead body was exhumed in the presence of Tahsildar, P.W.5 and other witnesses. THE investigating officer made an inspection and prepared an observation mahazar Ex.P5 in the presence of witnesses and drew a rough sketch Ex.P10. THE dead body was subjected to post mortem. THEreafter, A1 and A2 were sent for judicial remand. (d) P.W.4 doctor who conducted autopsy on the dead body of the deceased has given the post mortem certificate Ex.P.3 wherein he has opined that the deceased would appear to have died due to effects of ligature strangulation. On completion of investigation, the investigating officer filed a final report. (e) THE case was committed to the Court of Sessions. Necessary charges were framed. In order to substantiate the charges, the prosecution examined 7 witnesses and relied on 13 exhibits and 7 material objects. On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313 Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution and they denied them as false. D.W.1 Durga was examined on the side of the defence. THE trial Court heard the arguments advanced on either side and took a view that the prosecution has proved the case beyond reasonable doubt and found A1 guilty under section 302 r/w 34 and 201 I.P.C. and awarded life imprisonment and 7 years rigorous imprisonment respectively along with fine and default sentences and found A2 guilty under section 201 r/w 34 I.P.C. and awarded 7 years rigorous imprisonment along with fine and default sentence. Hence, these appeals at the instance of the appellants.

(3.) IT is not in controversy that the dead body of one Shankar was exhumed and examined in the presence of P.W.5-Tahsildar and other witnesses and following the inquest made, the dead body was subjected to postmortem. P.W.4 doctor who conducted post mortem has given his opinion through post mortem certificate Ex.P3 that the deceased would appear to have died due to effects of ligature strangulation. This was never disputed by the appellant either before this Court or before the trial Court. Hence, it could be safely recorded that the deceased Shankar died out of homicidal violence.