S. VIMALA, J.

1. The Reference, R.T. No.1 of 2017 is made by the learned II Addl. District & Sessions Judge (PCR), Tirunelveli, seeking confirmation of the death sentence, while C.A. No.222 of 2017 is filed by the accused/appellants in S.C. No.144 of 2016 challenging the conviction and sentence imposed upon them. The reference as well as the appeal are disposed of by the following common judgment.

2. The accused were tried before the learned II Addl. District & Sessions Judge for the following charges:-

A-1 / 1st Appellant	(i) Section 120 (B) r/w 302 IPC (ii) Section 294 (b) IPC (iii) Section 302 IPC (iv) Sections 3 (1) (r) & (s) of SC/ST (PoA) Act (v) Section 3 (2) (va) of SC/ST (PoA) Act (vi) Section 506 (ii) IPC
A-2/2nd Appellant	(i) Section 120 (B) r/w 302 IPC (ii) Section 294 (b) IPC (iii) Section 302 r/w 109 IPC (iv) Sections 3 (1) (r) & (s) of SC/ST (PoA) Act (v) Section 3 (2) (va) of SC/ST (PoA) Act (vi) Section 506 (ii) IPC

3. The allegation made against the accused is that on 13.05.2014, at about 11.00 a.m., A-1 attacked the deceased with aruval indiscriminately and insulted her by calling her by caste name and A-2, while insulted the deceased by calling by her caste name, instigated A-1 to cut any person, who tried to intervene in the transaction and A-1 insulting the witnesses by calling them by their caste name, threatened them with dire consequences if they try to prevent him from carrying on the attack on the deceased and after inflicting injuries on the deceased, the accused fled away from the scene of occurrence in a motorcycle bearing Regn. No.TN-58-V-7283. On being found guilty, A-1 and A-2 were convicted and sentenced under various Sections of the Indian Penal Code as also under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act (for short 'SC/ST (PoA) Act'), as under :-

1 / 1st Appellant

U/s 120 (B) r/w 302 IPC – Convicted & Sentenced to imprisonment for life. U/s 302 IPC – Convicted & Sentenced to Death. U/s 3 (1) (r) of SC/ST (PoA) Act – Convicted & Sentenced to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs.500/-, in default, one month simple imprisonment. U/s 3 (1) (s) of SC/ST (PoA) Act – Convicted & Sentenced to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs.500/-, in default, one month simple imprisonment. U/s 3 (2) (va) of SC/ST (PoA) Act – Convicted & Sentenced to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs.1000/-, in default, three months simple imprisonment. U/s 506 (ii) IPC – Convicted, but no separate sentence imposed since the A-1 stands punished for the offence u/s 3 (2) (va) of SC/ST (PoA) Act.

A-2/2nd Appellant

U/s 120 (B) r/w 302 IPC – Convicted, but no separate sentence awarded. U/s 302 r/w 109 IPC – Convicted & Sentenced to Death. U/s 3 (1) (r) of SC/ST (PoA) Act – Convicted & Sentenced to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs.500/-, in default, one month simple imprisonment. U/s 3 (1) (s) of SC/ST (PoA) Act – Convicted & Sentenced to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs.500/-, in default, one month simple imprisonment.

While the appeal has been filed by the appellants against the conviction and sentence, the reference by the trial Judge is for the confirmation of the death sentence.

4. The facts, shorn of unnecessary details, could be briefly summarised as hereunder :-

P.W.1 and the deceased Kalpana are husband and wife. P.W.2 and Kasiammal are the parents of the deceased and the in-laws of P.W.1. Incidentally, Kasiammal is the sister of P.W.1. A-1 and A-2 are husband and wife, whose daughter, Kauvery, eloped with Viswanat