KASTHURI Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No. 300 of 2018 is filed by the Accused No. 2 and Criminal Appeal No. 301 of 2018 is filed by the Accused No. 1 in Crime No. 533 of 2013. The appellants in both appeals were charged for the offences punishable under Ss. 120(b), 302, 201 r/w. 109 IPC by the respondent police and were tried before the learned 1st Additional District and Sessions Judge, Vellore, in S.C. No. 23 of 2015. The trial Court found them guilty for the offence punishable under Sec. 120(b) IPC and convicted and sentenced them to undergo two years rigorous imprisonment each. They were also found guilty for the offences punishable under Ss. 302 of IPC, convicted and sentenced to undergo life imprisonment with a fine of Rs.5,000.00 each, in default of fine amount, three months rigorous imprisonment was also imposed. The appellants were also found guilty for the offences punishable under Sec. 201 r/w. 109 of IPC to undergo 7 years rigorous imprisonment with a fine of Rs.1,000.00 in default of fine amount, one month rigorous imprisonment was ordered. As against the conviction and sentence passed by the trial Court in S.C. No. 23 of 2015, dtd. 26/4/2018, the above appeals have been filed.

(2.) Since the appeals are arising out of the same crime number, they are taken up together and disposed by way of this common judgment.

(3.) The case of the prosecution is that the 1st appellant Kasthuri, married the deceased Somasundardam 20 years back and they are having four children. The 2nd appellant/Govindaraj was having illegal intimacy with the 1st appellant/Kasthuri. The deceased was a drunkard and quarrelled with his wife/A2 on 2/12/2013 due to which, the second accused/1st appellant, got aggravated and developed a grudge against the deceased. She entered into a criminal conspiracy with her paramour, the first accused. Pursuant to the same, A1 and A2 took Somasumdaram to Sithathantham Village in Kudiyatham Taluk on 3/12/2013 and administered him with some poisonous substance in the liquor. When the deceased refused to drink the same, A1 strangulated him with cellphone charge wire and also with his hands and A2 forcibly smashed the private part of her husband and caused death. To screen the evidence, A2 along with A1, went to Bargur Police Station, on 16/12/2013 and lodged a complaint at about 07:00 p.m. Based on that complaint, a case was registered in Cr.No. 605 of 2013 as man missing.