MARY XAVIER A2 Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction passed against the 2nd accused in S.C. No. 161 of 2007 by the Additional District Sessions cum Fast Track Court, No. 3, Tiruvallur, Tiruvallur District dated 14.7.2008.

(2.) The lower Court had passed the conviction against the appellant/A2 under Section 302 I.P.C read with 201 I.P.C. While passing such conviction and sentence against A2, the lower Court had also passed the conviction and sentence against Alunder Section 302 read with. 201 I.P.C.

(3.) The case of the prosecution before the lower Court was that A1 was the relative of A2 and A2 was the wife of one Arulna than and the accused A2 had illicit intimacy with Al. The deceased Sowriammal aged about 80 years was none other than the mother-in-law of A2 and the deceased was living along with A2 and her husband the son of the deceased in the house, A2 met A1 in the absence of her husband and the said illegal intimacy was known to the deceased Sowriammal and on 26.5.2006 at about 4.00 p. m at Door No. 88, Assisi Nagar, Madhavaram milk depot, when the deceased Sowriammal was working in the garden, A1, with the intention to kill her with the concealed iron rod in his shirt, had attacked on the head of Sowriammal with the said rod and when she was about to prevent the same, she sustained grievous injuries on her hand and due to the injuries, she succumbed to injuries and died on the spot and thereby A1 had committed the murder of Sowriammal and A2, knowing full well that A1 had committed such offence and with intention to conceal the said offence committed by A1, A2 had expressed the reason for the death of Sowriammal that she fell down from the stairs and thereby committed the offence under Section 302 read with.201 I.P .C.