JUDGMENT :

G. Jayachandran, J.

Prayer: Appeal filed under Section 374(2) of Cr.P.C., to call for the records and set aside the judgment of conviction and sentence passed in S.C.No.166 of 2017, dated 29.11.2018, on the file of the learned Sessions Judge, Mahalir Neethi Mandram, Madurai.

This Criminal Appeal is filed to set aside the judgment of conviction and sentence passed in S.C.Nos.166 of 2017, dated 29.11.2018, on the file of the learned Sessions Judge, Mahalir Neethi Mandram, Madurai.

2. On 20.11.2015 at 19.00 hours, Thiru.N.Kumaragurubaran of Tallakulam, Madurai, gave a written complaint to the Inspector of Police attached to D-1, Tallakulam (Crime Branch) Police Station Madurai, informing that his daughter Pavithra found dead with stab injuries at her residence in the first floor of Door No.16/35, Old Agraharam Street, Chinnachokkikulam, Madurai. Based on the complaint, a case was registered in Crime No.1321 of 2015 and taken up for investigation.

2.1. The investigation revealed that the appellant Shyamala (A-1) a tailor by profession, who used to regularly stitch clothe for the deceased along with her male friend Ramesh (A-2), a driver by profession, who was in need of money, had conspired to murder Pavithra for gain.

2.2. On 20.11.2015 at 10.30 a.m., knowing that after her mother-in-law working as Assistant in TNEB had left home for her duty and Pavithra is alone, in furtherance of the common intention to cause murder and rob, the appellant Shymala (A-1) with stitched clothes and chilli powder, her male friend Ramesh (A-2) with nylon rope and knife, went to the house of the Pavithra under the pretext of delivering stitched clothes. Pavithra offered Tea to them and was chatting with them. Suddenly, the appellant caught hold the hands of Pavithra from behind and Ramesh strangulated her with a nylon rope. Since Pavithra struggled and did not die, the appellant pushed her to floor and A-2 stabbed on her neck with a knife. The knife blade gave way from its handle. Then, the appellant brought a knife from the kitchen and gave it to A-2. With that knife, while A-2 stabbed Pavithra's neck repeatedly. The knife went deep below jaw and got struck. The appellant hit Pavithra on the head with a iron knife used for peeling coconut.

2.3. Pavithra died of shock and hemorrhage particularly, due to the stab injury 2 cm x 1 cm x muscle deep 6 cm below the jaw, which passes through the underlying vessels, trachea, muscle and ends between cervical vertebra C5 and C6. And due to the cumulative effect of 6 stab injuries around the neck (3 on the right side, 2 on the left side and 1 in the middle of the neck) and cut injury measuring 2.5 cm x 1 cm x bone depth just above the outer aspect of left eyebrow.

2.4. After voluntarily causing the death of Pavithra, A-1 and A-2 removed the Krishnan dollar gold chain (19 grams) from Pavithra. Opened the wooden bureau and stolen a twisted gold chain (7 sovereigns), 3 sets of gold studs (20 grams). Ramesh (A-2) gave one set of stud, weighing 4 grams to the appellant (A-1) and took the remaining jewels with him. A-2 pledged the Krishnan dollar chain for Rs. 34,700/- at Muthoot Finance with the help of his friend by name, Pandi and rest of the jewels (a twisted gold chain and two studs) at State Bank of India, Chinnamanur Branch, with the help of his friend by name Sumothu.

2.5. On 26.11.2015, A-1 and A-2 were arrested from the residence of the appellant. Based on her information, the saree and blouse, which she was wearing at the time of committing the murder and 4 grams golden stud stolen from the wooden bureau of the deceased house, was recovered from her residence. Based on the confession statement of Ramesh (A-2), the dollar chain redeemed from Muthoot Finance and the blood stained jeans pant of A-2 kept in his Room No.102, Thirupathi Lodge, where A-2 was staying for the past 5 years, were recovered.

2.6.