The main legal point established in the judgment is that charges must be proved beyond all reasonable doubts, and suspicion, however strong, cannot substitute legal proof.

P. Devadass, J.

THE APPELLANTS:

A-1 Kumi @ Kumaran and A-2 Senba @ Senbagasri Kumar are challenging their conviction and sentence in the Sessions Case in S.C.No.58 of 2007 rendered by the learned II Additional Sessions Judge, Puducherry.

CONVICTION AND SENTENCES:

2. They were convicted and sentenced as under:

Accused Conviction Sentence

A.1 (i) 454 IPC (i) 7 years Rigorous Imprisonment and fine

Rs.5,000/-, in default, 1 year simple Imprisonment.

(ii) 392 IPC (ii) 7 years Rigorous Imprisonment and fine

Rs.5,000/-, in default, 1 year Simple Imprisonment.

(iii) 302 IPC (iii) Life and fine Rs.5,000/-

r/w 34 IPC and in default, 1 year Simple Imprisonment.

A.2 (i) 454 IPC (i) 7 years Rigorous Imprisonment and fine

Rs.5,000/-, in default, 1 year Simple Imprisonment.

(ii) 392 IPC (ii) 7 years Rigorous Imprisonment and fine

Rs.5,000/-, in default, 1 year Simple Imprisonment.

(iii) 302 IPC (iii) Life and fine Rs.5,000/-

r/w 34 IPC and in default, 1 year Simple Imprisonment.

All the sentences were directed to run concurrently.

PROSECUTION CASE :

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

(1) P.W.1 Boopathy and deceased Manimozhi are spouses. Their daughter is P.W.2 Anuja. They were residing at Door No.30-A, East Coast Road, Chinnakalapet, Puducherry.

(2) P.W.1 is a Company Secretary in a Company in Puducherry. Then P.W.2 was studying VIII Standard in Patrick School, Puducherry. Manimozhi was running Venkateswara Internet Centre and STD Booth in her house. P.W.3, Muthamizh Selvan, lecturer in S.R.M. College, Kattankulathur, Chennai is their family friend. Whenever he visits Puducherry for paper correction work, he used to stay in their house.

(3) On a day, near the deceased's house, in a motor bike accident, A-2 got injured. He introduced himself as Dheena @ Dinesh to the deceased. She gave him first aid. In 2001, October, on a day, A-1 and A-2 visited her house. At about 6.30 p.m., the deceased introduced A-2 to P.W.1. A-2 promised a gift to P.W.2.

(4) M.O.4, a small female statue, kept in the front portion of P.W.17 Raveena's Restaurant, in Mission Street, Puducherry was missing.

(5) Subsequently, the accused gave M.O.4 statue to P.W.2. Accused frequented Venkateswara internet centre. P.W.2 created email I.D for them. In Ex.P.2 telephone diary, P.W.2 entered (Ex.P.9) A-2 Dinesh's cell phone No.9840124473.

(6) On 14.2.2002, P.W.23 Umapathy, Manager, 'Aditya Hotel', in Kamarajar Salai, Puducherry booked a room for A-1. A-1 signed in the Hotel Receipt Book (See Ex.Ps.31 to 35). A-2 was also with him. In the evening, over phone, A-1 informed P.W.23 that as he intend to vacate the room, make ready the bill. Thereafter, the room was vacated.

(7) The deceased maintained Ex.P.3 long size Note Book. In this, she used to enter the date, time and name of persons visiting her internet centre. On 14.2.2002, at 4.40 p.m., the deceased made entry (Ex.P.5) in the said note book that Dheena(A1) visited the internet centre.

(8) On 14.2.2002, P.W.3 was staying in deceased's house. At about 8 a.m., P.W.1 left the house with P.W.2. He left her in the school and gone to Hotel Annamalai in Puducherry to attend a seminar. At about 10 a.m., P.W.3 also left the house for Pondicherry University for paper correction work.

(9) At about 4.30 p.m., P.W.3 returned to deceased's house. Then, the deceased was talking with A-1. She introduced him to P.W.3. Within few minutes, A-2 came from the internet centre. The deceased gave them advice. Thereafter, they left for Kalapet. The deceased told P.W.3 that they are like her brothers and they are residing in Chennai. After shutting down the computer in the internet centre, the deceased went upstairs to water the plants.

(10) At about 5.25 p.m., P.W.15, Karpagam came to the STD booth in the deceased's house. Made call. Enquired about the charges. She had seen A-2. She placed Rs.2 and left. Thereafter, A-1 and A-2 came to the Internet centre. A-2 told P.W.3 that the internet