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.255 of 2016, 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.No.255 of 2016, 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, the Inspector of Police, D-1 Tallakulam (Crime Branch) Police Station, Madurai, registered a case in Crime No.1321 of 2015 on the complaint made by Thiru.N.Kumaragurubaran informing the homicide death of his daughter Pavithra at her residence in first floor, Door No.16/35, Old Agraharam Street, Chinnachokkikulam, Madurai.

2.1. The investigation revealed that Shyamala (A-1) a tailor by profession along with her male friend Ramesh (A-2) conspired to murder Pavithra for gain. In furtherance of the common intention, taking advantage of their acquaintance with Pavithra, on 20.11.2015 confirming that she is alone after her mother-in-law working as Assistant in TNEB will left for her duty, A-1 and A-2 went to the house of Pavithra after 10.30 a.m. under the pretext of delivering stitched clothes. Pavithra offered Tea to them. They took Tea. Then, A-1 caught the hands of Pavithra from behind. A-2 strangulated her with a nylon rope. Since she struggled and did not die, A-2 stabbed around her neck with a small knife, brought with him. The knife blade gave way from its handle. Then, A-1 brought two knives from the kitchen and gave one to A-2. With that knife, A-2 stabbed Pavithra's neck repeatedly. The knife went deep below jaw and got struck. A-1 hit on the head with a iron knife used for peeling coconut.

2.2. 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.

2.3. 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). A-2 gave one set of stud to A-1 and took the other 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 [P.W.18] 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 [P.W.22].

2.4. On 26.11.2015, A-1 and A-2 were arrested from the residence of A-1. Based on A-2's confession statement, 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. Again A-2 was taken custody by police, vide order of the learned Judicial Magistrate, dated 02.12.2015 and based on his further confession, the jewels pledged at State Bank of India, Chinnamanur Branch, in the name of A-2's friend, were recovered.

2.5. Based on the final report and the documents relied by the prosecution, the learned Judicial Magistrate No.II, Madurai, committed the case to the Court of Sessions. The learned Principal District Judge took the case on file in S.C.No.255 of 2016 and made over to the Mahalir Neethimandram, Madurai, for trial. The trial Court after furnishing copies of documents relied by the prosecution, framed charges against A-1 and A-2 for the offences punishable under Sections 120-B, 449, 302 read with Section 34 and 392 of I.P.C.

2.6. Pending trial, Shyamala (A