S. Nagamuthu, J.

The appellant is the 1st accused in S.C.No.138 of 2013 on the file of the learned Sessions Judge, Mahila (Fast Track) Sessions Court, Erode. There were two other accused by name Venkatachalam and Shanthi. They stood charged for offences under Sections 120-B, 302 and 201 of IPC. By judgment dated 20.05.2014, the trial court convicted the 1st accused for the offences under Sections 302 and 201 of IPC. However, acquitted all the three accused from the charge under Section 120-B of IPC and the accused 2 and 3 from the charges under Sections 302 and 201 of IPC. Challenging the said conviction and sentence, the appellant/1st accused is before this Court with this Criminal Appeal.

2. The case of the prosecution in brief is as follows:

(a) The 1st accused is a resident of Kuttaikattuthottam, Udayagoundanpalayam, Gobichettipalayam Taluk in Erode District. 23 years prior to the occurrence, the 1st accused had married one Nageswari and out of the said wedlock, a son and a daughter were born. After a decade of their marital life, due to misunderstanding, his wife deserted him. Thereafter, for sometime, the 1st accused was living alone. At that time, he came to know that the deceased Poongodi, daughter of P.W.4, was a widow and she was willing to go in for a second marriage. The 1st accused persuaded her to come with him and accordingly, he brought her to his house and lived with her for some time. Thereafter, he performed a legal marriage between him and the deceased. For about 3 months, their marriage life was very smooth and cordial. Thereafter, the deceased fell ill. The 1st accused took her to various hospitals and it came to light that she was suffering from kidney failure and other ailments. The 1st accused was made to spend a huge amount on her treatment. She became unfit for marital life. Therefore, he wanted to go away from her.

(b) When that be so, the 3rd accused became friendly towards the 1st accused. They developed illicit relationship. The 1st accused wanted the 3rd accused to come only with him as his wife. But the 3rd accused told him that so long as the deceased was living there, it would not be possible for her to come to his house and to live with him as his wife. Therefore, the accused 1 and 2, with the help of the 2nd accused, proceeded to eliminate the deceased so that the 3rd accused could join the 1st accused and became his wife. In pursuance of the said plan, on 18.08.2009, at the office of the 1st accused, all the 3 accused had a conspiracy to kill the deceased.

(c) It is further alleged that in pursuance of the said conspiracy, on 21.08.2009, the 1st accused mixed sleeping tablets to a beverage and gave the same to the deceased. After drinking the same, the deceased became drowsy. The accused 1 and 2 verified that the deceased was drowsy and thereafter, they informed the 3rd accused to come near Shanthi Theatre at 05.00 p.m. Accordingly, the 3rd accused came and around 04.30 p.m., the accused 1 and 2 took the deceased in a TATA Sumo Car bearing Registration No.TN 38 7997 towards Shanthi Theatre. The deceased was made to sit in the back seat and by the side of her, the 2nd accused sat. While leaving, the 1st accused had taken a gunny bag, a diesel can, 10 cycle tyres and one rope. They proceeded towards Shanthi Theatre. From the local petrol bunk near Shanthi Theatre, the 1st accused purchased 20 litres of diesel in a Can. Then, he took up the car somewhere near Shanthi Theatre. The 3rd accused, who was lying in a wait there, got into the car. Then, the car proceeded via Bungalow Pudur and reached a forest. At about 07.00 p.m. on 21.08.2009, they parked the car at a secluded place. The deceased was still drowsy and she was sleeping. Then, the 3rd accused held the legs of the deceased. The accused 1 and 2 put the rope around the neck of the deceased and strangulated her. The deceased died. Then, they put the dead body of the deceased in the gunny bag which was in their hands already. They ca