- (1.)FOR the sake of convenience the appellant in C. A. No. 78 of 2002 is hereinafter referred to as "appellant/a1"; the appellants in C. A. No. 1259 of 2002 as "appellants/a2 and A3" and the appellant in C. A. No. 1756 of 2003 as "appellant/a4" in the above said three appeals.
(2.)ALL the above three Criminal Appeals have been preferred against the judgment dated 19. 11. 2001 rendered in S. C. No. 211 of 2001 by the Court of Additional Sessions Judge, Nagapattinam thereby convicting A1, (appellant in C. A. No. 78 of 2002) for the commission of offence punishable under Sections 302 and 201 I. P. C. , A2 and A3 (appellants in C. A. No. 1359 of 2002) for the commission of offence punishable under Section 302 r/w 34 and Section 201 I. P. C. and A4 (appellant in C. A. No. 1756 of 2003) for the commission of offence punishable under Section 302 r/w 114 and 201 I. P. C. and sentencing them to undergo imprisonment for life and to pay a fine of Rs. 1000/- each, in default to undergo rigourous imprisonment for a further period of 2 months for the offence under Section 302 r/w 34 I. P. C. 302 r/w 114 I. P. C. respectively and further each of them to undergo rigourous imprisonment for 3 years and to pay a fine of Rs. 500/- each, in default to undergo R. I for a further period of 2 months for the offence under Section 201 I. P. C. further directing the sentences to run concurrently.
(3.)THE case of the prosecution is that the deceased Paritha Mari and first accused's sister Anitha Mari were friends; that the deceased Paritha Mari used to go to first accused's house frequently to see her friend; that in due course, the first accused and the deceased fell in love with each other; that on compulsion from the Panchayadar, first accused married Paritha Mari on 21. 2. 1999 in Vadavair Matha koil; that the first accused's parents opposed the marriage; that again on 23. 5. 1999 the first accused married Paritha Mari in Susaiyappar Alayam in Perumpanniyur; that there was a quarrel in between Paritha Mari and the first accused's parents, hence Paritha Mari went to her parents house and lived with them; that the first accused suspecting Paritha Mari's conduct, wanted to marry another girl; that on 13/14. 1. 2001 at 1. 15 hours the first accused, his friend A2 and his parents with the common intention to kill Paritha Mari A2 catching hold of her hands, A3 catching hold of her legs, the first accused strangulated her and during the said process, the fourth accused stood as guard outside the door and watched outsiders; that after the death of Paritha Mary, they hanged her body so as to appear a suicide.