JUDGMENT

M. Jeyapaul, J. - The first accused prefers Criminal Appeal No. 828 of 2005 and the second accused prefers Criminal Appeal No. 722 of 2006.

2. A1 was sentenced to undergo one month simple imprisonment for offence under section 341 IPC, five years rigorous imprisonment for offence under section 449 IPC and life imprisonment for offence under section 302 read with 114 IPC and A2 was sentenced to undergo five years rigorous imprisonment for offence under section 449 IPC and life imprisonment for offence under section 302 IPC. Though A1 was not charged with offence under section 449 IPC, the Trial Court has chosen to convict him thereunder and sentenced as stated supra.

3. The charge is that A1 and A2 had illicit intimacy with the deceased Arayee, having trespassed upon the house of Arayee. A2 with an intention to cause death, inserted forcibly a metal spoon inside the vagina of Arayee when A1 facilitated him by gagging the mouth of Arayee and thereby A1 committed offences punishable under sections 341 and 302 and A2 committed offence punishable under section 302 read with 114 IPC respectively.

4. On the side of the prosecution, 13 witnesses were examined besides marking 23 do