Judgment

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