M.M.Sundresh - (1.) Aggrieved over the conviction and sentence of life imprisonment imposed for the offence under Section 302 IPC and to pay a fine of Rs.2000/- each, in default, to undergo rigorous imprisonment for six months and seven years R.I., for the offence punishable under Section 392 IPC and to pay a fine of Rs.2000/- each in default to undergo R.I for three months and three years R.I., for the offence punishable under Section 201 IPC and to pay a fine of Rs.2000/- each in default to undergo R.I for three months in S.C.No.50 of 2014 on the file of Mahalir Neethi Mandram (Fast Track Mahila Court) Tiruvallur, the appellants, who were arrayed as A2 and A3 have filed these criminal appeals.
(2.) The main accused/A1 for the reasons known has not chosen to file his appeal and thus preferring to undergo the sentence.
(3.) Facts in Brief: 3.1. P.W.1-Thamizhselvi is the sister of the deceased-Malliga. On 03.12.2012 both P.W.1 and the deceased attended a function at Vellore and reached Koyambedu bus terminus. From there, P.W.1 went to her house by bus while the deceased took an Auto to reach her house at Mathur. However, her whereabout was not known thereafter and her mobile phone was not reachable. On 04.12.2012 an information was received by P.W.2-Sadasivam, who is the husband of the deceased, that a female body was lying in Vadaperumpakkam to Puzhal Union Salai. Immediately, P.Ws.1 to 4 rushed to the scene of occurrence and found that the deceased was murdered by some one and the gold jewels were missing. A complaint was given under Ex.P1 by P.W.1 to P.W.17-Abraham Kroose, who is the Inspector of Police and a case was registered in Crime No.4105 of 2012 under Sections 302, 392 and 201 IPC. 3.2. The first accused/A1 happened to be the driver of the Auto and the appellants being A2 and A3 were also travelling along. P.W.18-Velmurugan, the Investigating Officer, has arrested the accused on 18.12.2012. The accused gave confession statements before P.W.7-Pravinkumar and P.W.8-Baskaran. 3.3. P.W.18 seized the Auto based upon the confession of A1 on 18.12.2012 under Ex.P7 Seizure mahazar. Incidentally, the Pawn receipts were also recovered. On the very same day, M.Os.3 to 6 and 11 to 14 were recovered from P.W.12, the Pawn Broker before P.Ws.7 and 8 under Ex.P5. This was done on the confession statement of A2. M.Os.1 and 2 were also recovered from P.W.13, who is the another Pawn Broker, under mahazar Ex.P6 on 18.12.2012 in pursuant to the confession made by A1. Under Ex.P8, M.Os.7 to 10 were recovered in the presence of P.Ws.7 and 8 on the confession made by A2. 3.4. P.W.16-Dr.Balasubramaniyam, on receipt of the requisition from P.W.15-Balamurugan, the Constable on 04.12.2012 conducted post mortem and concluded that the deceased died due to asphyxia. The report was marked as Ex.P19.;