- (1.) These two appeals are directed against the common judgment of the Madras High Court whereby conviction of the appellants under S. 302 of the Indian Penal Code, 1860 (in short the 'IPC') read with S. 34 thereof and the sentence for imprisonment for life was confirmed.
(2.) Additionally, accused-appellants-Ayyar Thavar and Porutchyelvan were convicted for the offence punishable under S. 323, I.P.C. and sentenced to undergo RI for three months. Such conviction and sentence have been upheld.
(3.) Acquisitions which form the basis of prosecution in essence are as follows : Maheswari (hereinafter referred to as the 'deceased') was allegedly having an illicit relationship with Azagu Raja, Sub-Inspector of Police who is the husband of Minnalkedi (A-6). She was originally an accused but was acquitted by the trial Court. The said Minnalkedi is the daughter of Ayyar Thavar. Accused-Porutchyelvan is the son of accused No. 1-Ayyar Thavar and accused-Krishnan and Ganesan are cousins of Porutchyelvan. Originally, 7 persons were alleged to be the authors of a homicide in which Maheswari lost her life on 3-12-1991. Accused-Mylakkal is the wife of Ayyar Thavar and another accused-Selvi was their daughter. Mylakkal, Minnalkedi and Selvi were acquitted of the charges by the trial Court. Originally, all the accused persons were charged of offences punishable under S. 302, I.P.C. read with S. 34, I.P.C. and also under S. 120-B, I.P.C. and S. 341, I.P.C. The appellants-Ayyar Thavar and Porutchyelvan were in addition accused of committing offence punishable under S. 323, I.P.C.;