S. P. Kurdukar, J. - (1.) For committing the murder of Seethalakshmi, her husband Selvaraj (A-1) and Suseela (A-2) - the wife of elder brother of A-1 were put up for trial for the offences punishable under Sections 302/34 and 201 of the Indian Penal Code. The Sessions Court, West Thanjavur at Thanjavur vide its judgment dated March 23, 1987 convicted both the accused under Sections 302/34 and 201, IPC and sentenced both of them to suffer life imprisonment and RI for three years respectively. Two separate appeals were filed by A-1 and A-2 in the High Court of Judicature at Madras and on scrutiny of the oral and documentary evidence on record, the High Court by its common judgment dated July 22, 1993 dismissed the same. It is against this judgment of the High Court, A-1 and A-2 by Special Leave have filed two separate Criminal Appeals Nos. 502 of 1994 and 501 of 1994 respectively to this Court. Since both these appeals arise out of a common judgment, they are being disposed of by this judgment.
(2.) A marriage between A-1 and Seethalakshmi (since deceased) which took place on or about October, 1984 was proved to be unhappy within a short time. The elder brother of A-1, A-2 and her two minor children and Seethalakshmi were staying in one room tenement at village Ariyathidal, Taluka Kumbakonam in Thanjavur district. A-1 at the relevant time was doing the work of rickshaw puller and was earning his livelihood. It was alleged by the prosecution that within ten days of marriages, A-1 sold away the gold ring presented to him at the time of wedding and soon thereafter, he also disposed of all jewellery items given to Seethalakshmi during her marriage. On query made by Seethalakshmi about her jewellery items, A-1 got annoyed and beat her with the belt. It appears that on a complaint by Seethalakshmi to the Gram Panchayat in respect of ill- treatment meted out to her, a meeting was held and a fine of Rs. 15/- was imposed on A-1. Seethalakshmi also suspected the conduct of A-1 as it was rumoured that he was having illicit relations with A-2. Being fed up with this atmosphere, Seethalakshmi came to her parents house. Vijayalakshmi (PW 1) and Thyagarajan (PW 2), parents of Seethalakshmi consoled her and sent her back to the house of A-1 with an advice not to get depressed by such incidents and things would be set right in due course. It was further alleged by the prosecution that a week prior to the date of incident, Seethalakshmi along with A-1, his brother Subramaniam and A-2 came to the house of parents of Seethalakshmi to celebrate a local festival called "Thali" (the sacred thread tied on the brides neck at the time of marriage). At that time, A-1 insisted that his mother-in-law should give money on this occasion. Due to financial constraints, Vijayalakshmi (PW 1) could not meet the said demand which according to the prosecution widened the strained relations further between the couple. Seethalakshmi thereafter returned to her matrimonial hosue but within a week, her parents received a message that A-1 was always quarrelling with her for not satisfying his demand. Seethalakshmi during her stay at her parents house complained to them that A-1 was ill-treating her for money and causing a lot of harassment to her. The quarrels between Seethalakshmi, A-1 and A-2 were known to the persons residing in the adjacent houses. Shanmugham (PW 3) and his wife Pushpavalli (PW 4) were the neighbours and were residing on the backside of the house of A-1.
(3.) Prosecution then alleged that on 11th April, 1985, at about 11.00 a.m., A-1 and A-2 picked up a quarrel with Seethalakshmi, Shanmugham (PW 3) went and inquired with A-1 and A-2 as to what the matter was and thereafter he left for Kumbakonam. Pushpavalli (PW 4), a house wife also heard the quarrels between Seethalakshmi, A-1 and A-2. At about 12.00 noon, Krishnamurthi (PW 6), a close relative came to meet Seethalakshmi and on inquiry with the accused, he was told that she had gone to Kumbakonam. Soon thereafter, A-1 and A-2 left on a bicycle. Shanmugham (PW 3) at about 1.30 p.m. returned to his house and at that time, A-1 told him that Seethalakshmi committed a suicide and her body was hanging to the ceiling. A-1 requested to help him in lowering down the dead body but he refused to do so. On 11th April, 1985, at about 8.00 p.m., A-1 lodged the FIR stating that Seethalakshmi had committed a suicide. A crime was accordingly registered under Section 174 of the Criminal Procedure Code. On 12th April, 1985 at about 4.00 a.m., the First Information Report was received from Sub-Inspector Mr. Rosario (PW 10), who then went to the spot immediately and held the inquest on the dead body. He seized the incriminating articles which were found in the room. The dead body was sent to the Govt. Hospital at Kumbakonam for post-mortem. After completing the investigation, both the accused came to be charge-sheeted for the offences punishable under Sections 302/34 and 201, IPC. Both the accused were arrested on 28th April, 1985 at Swami Malai bus stand.;