P. DEVADASS, J.,

APPELLANTS

A1 and A2, in the Sessions Case, in S.C.No.8 of 2009, in the Court of Additional Sessions Judge, Krishnagiri are the appellants.

CONVICTION AND SENTENCE

2. On 11.11.2010, A1 and A2 were found guilty under Section 302 IPC and were sentenced to life and fined Rs.5000/-, in default, directed to undergo 10 months rigorous imprisonment.

PROSECUTION CASE

3. The case of the prosecution, in brief, is as follows:-

(i) A1, Chinnapillai is wife of deceased Rajendran. They were residing in Mettuparai village in Krishnagiri District. A2 Annamalai is known to them. All the three used to have liquor together.

(ii) Illegal intimacy developed between A1 and A2. On 06.9.2008, at about 9 p.m., in his house, the deceased seen A1 and A2 in a compromising position. The deceased tried to beat them. In this circumstances, A2 had indiscriminately assaulted the deceased with M.O.6, axe on his head and A2 assaulted her husband with M.O.7, stick. The deceased died on the spot.

(iii) On 07.09.2008, at about 8 a.m., A1 appeared before P.W.1, Madhu, V.A.O. Ettikal Agaram Village. She confessed to him her illegal intimacy with A2 and their killing of her husband on the previou