Thomas, J. - (1.) A young enceinte housewife fell from the top of a four-storeyed building down on the pavement of a street at Madras during the odd hours on the night of 9-6-1987, and died in a trice with her skull and the bones extensively broken into pieces. Initially it was taken by the neighbours and the police as a case of suicide, but eventually it became a case of gruesome murder. Her husband, a flourshing businessman at Madras (now Chennai) and his brother (another businessman) and two of their employees were put on trial in the Sessions Court for criminal conspiracy, rape and murder. One of the culprits was made an approval and he gave evidence in support of the prosecution case. The Sessions Court acquitted the husband of the deceased, but convicted the other two persons of murder and rape and sentenced both of them to death.
(2.) A Division Bench of the High Court of Madras heard the reference which was made under Section 366 of the Code of Criminal Procedure on the sentence of death, along with the appeals preferred by the convicted persons as well as the appeal preferred by the State in challenge of the acquittal. The Division Bench confirmed the acquittal and set aside the conviction and sentence passed by the Sessions Court. Hence the present appeals by special leave.
(3.) First accused Ramesh Kumar and his younger brother Suresh Kumar (A2) hailed from Rajasthan, and they have settled down in Madras. Each of them acquired separate business establishments. Ramesh Kumar, the eldest, had married Kamla Devi (the deceased) who was then only 19 and belonged to a less affluent family in Rajasthan, about four years before her death. Thereafter the couple lived on the top floor apartment of a multi-storeyed building situated on Thulasinga Mudali Street at Madras. Second accused Suresh Kumar got married to a girl from Rajasthan a few months before the occurrence but he did not bring his wife to Madras from Rajasthan. He too was residing with his eldest brother Ramesh Kumar on the 4th floor of the building. Kamla Devi (deceased) had a little child (Sandeep) who was only 4 years old when she died.;