V. Bharathidasan, J. - (1.)A1 and A2 in S.C.No.87 of 2008 in S.C.No.87 of 2008 on the file of the Magalir Neethimandram, Chennai, are the appellants herein. They stood charged for an offence under Sec. 306 IPC. By judgment, dated 12.08.2009, the trial court convicted both the accused under Sec. 306 Penal Code and sentenced them to undergo rigorous imprisonment for 5 years each and also to pay a fine of Rs.5000.00 each, in default to under go simple imprisonment for 6 months. Challenging the above said conviction and sentence, the appellants/accused are before this Court with this Criminal Appeal.
(2.)The case of the prosecution, in brief, is as follows:-
The deceased, in this case, one Ramana, is the wife of P.W.1. The appellants are their neighbours. The deceased and A1 belong to one political party, A2 is the son of A1. The deceased and A1 used to attend party functions together, A2 being son of A1 also used to accompany them. Subsequently, A1 had a suspicion that the deceased have an illicit intimacy with A2. Hence, there were quarrel between them. On 28.06.2007 at about 7.30 a.m., both the accused were sitting in front of their house, and A1 scolded the deceased saying that she is having illicit intimacy with A2 and asked her to commit suicide, on seeing that, P.W.1, the husband of the deceased intervened and questioned A1, at that time, A2 also scolded the deceased and asked her to go and die. Subsequently, at about 9.15 a.m, the deceased went inside the house, poured kerosene and set fire on herself, and died on the spot. At about 10.30 a.m., PW.1, came to his house, and after coming to know about the death of his wife, immediately lodged a complaint(Ex.P.1) before the respondent police.

(3.)P.W.9, Inspector of Police, attached to the respondent police, on receipt of the complaint, registered a case in Crime No.263 of 2007 for an offence under Sec. 306 Penal Code and prepared a First Information Report (Ex.P.5) and then, he proceeded to the scene of occurrence, prepared an Observation Mahazar (Ex.P2) and drew a Rough Sketch (Ex.P.6) in the presence of the witnesses. He also seized a plastic can (M.O.1) under the cover of mahazar(Ex.P.3). Thereafter, he recorded the statements of the witnesses and at about 11.30 a.m., he conducted inquest on the dead body of the deceased in the presence of the panchayathars and prepared Inquest Report(Ex.P.6). On the same day, at about 1.30 p.m., at West Madha Kovil street, P.C.Press Road junction, P.W.9 arrested both the accused and he sent a memo to the hospital for conducting autopsy on the dead body of the deceased.