PALANIAMMAL Vs. STATE

JUDGEMENT

(1.) This appeal arises against the judgment of learned I Additional District and Sessions Judge, Coimbatore, passed in S.C. No. 191 of 2016 on 21/4/2017.

(2.) Case of prosecution is that deceased Ayyammal was the sister of A1 and deceased Lakshmi @ Esthar was the sister-in-law of deceased Ayyammal. Both were residing in the same house. De facto complainant is the son of deceased Lakshmi @ Esthar. De facto complainant visited the house of deceased some days prior to the incident to see his mother. At that time, accused came there, asked Rs.30,000.00 as hand loan from the deceased Ayyammal and assured to repay the same within few days. As deceased Ayyammal informed that she was not having money, they demanded jewels and title deeds of property towards obtaining money by mortgaging them. Since the deceased Ayyammal has refused to accede to their demand, accused left the home after threatening her. On 14/10/2014, the de facto complainant was informed about the death of his mother and aunt. He rushed there and found the body of deceased. During investigation, it was found that as deceased was suffering from body pain, she requested the accused for medicine and using such situation, accused gave poison to deceased Ayyammal and Lakshmi which resulted in their death. Thereafter, accused took the jewels and cash of deceased Ayyammal and left the place. On the complaint of PW-1, a case in Crime No. 825 of 2014 on the file of respondent for offences u/s. 302 r/w. 392 IPC was registered. Upon completion of investigation and filing of charge sheet informing commission of offences u/s. 302 and 392 IPC, the case, on committal, was tried in S.C. No. 191 of 2016 on the file of learned I Additional District and Sessions Judge, Coimbatore. Charges were framed against accused u/s. 302 (2 counts) and 392 IPC.

(3.) Before trial Court, prosecution examined 19 witnesses and marked 28 exhibits and 22 material objects. None were examined on the side of defence nor were any exhibits marked.