JUDGMENT

Gyan Sudha Misra, J. –

1 This appeal by special leave is directed against the judgment and order dated 09.11.2006 passed by the High Court of Madras affirming the conviction and sentence of the first appellant under Section 376 (2) (g), 302 and 201 I.P.C. awarding sentence for life imprisonment along with Rs. 5,000/- fine, 10 years RI, along with Rs. 5,000/- fine and 3 years RI, with a fine of Rs. 2,000/- respectively. The Trial Court had awarded identical sentences to Appellant No. 2, who on appeal in the High Court, was acquitted of the offence of murder under Section 302 IPC but his conviction and sentence under Section 376 I.P.C. was maintained.

2. The case of prosecution which led to the conviction and sentence of the appellants summarily stated are as follows:

The Appellants -A1 & A2 along with two others had forcibly taken the deceased girl to a secluded place on 21.10.1995 at about 7.00 p.m., when she was raped and then in course of the same transaction, A1 had strangulated her to death. Further, with a view to screen the offence, all of them threw the dead body to a secluded place in an agricultural field. The body was then discovered by the elder brother of the dece