JUDGMENT :

G. Jayachandran, J.

[Prayer :- Criminal Appeal filed under Section 374(2) of Cr.P.C., to call for the records relating to the judgment passed in S.C.No.441 of 2015, dated 11.11.2019, on the file of the Mahalir Neethimandram (Fast Track Court), Thoothukudi, set aside the same and acquit the appellants/accused from all the charges leveled against them.

Prayer :- Criminal Appeal filed under Section 374(2) of Cr.P.C., to call for the records relating to the judgment passed in S.C.No.441 of 2015, dated 11.11.2019, on the file of the Mahalir Neethimandram (Fast Track Court), Thoothukudi, set aside the same and acquit the appellants/accused from all the charges leveled against them.]

These two Criminal Appeals are directed against the judgment, dated 11.11.2019, passed in S.C.No.441 of 2015, on the file of the Mahalir Neethimandram (Fast Track Court), Thoothukudi.

2. In connection with murder of one Karpagam, W/o. Thangapandi, five persons were prosecuted on completion of investigation in Crime No.67 of 2015, on the file of Kayathar Police Station, Thoothukudi District. The Fast Track Mahila Court, Thoothukudi, framed the following charges:-

(1) u/s 120B r/w 302 IPC as against A-1 to A-5.

(2) u/s 341 IPC as against A-1 to A-5.

(3) u/s 294(b) IPC as against A-1 and A-5

(4) u/s 302 IPC as against A-5 and

(5) u/s 302 r/w 115 of IPC as against A-1 to A-4.

3. Pending trial, the fifth accused Saravanakumar absconded, hence, the case against him got split up, S.C.No.127 of 2017 assigned and same is still pending. Thus, A-1 to A-4 alone faced the trial. To prove the charges, the prosecution has examined 18 witnesses, marked 29 exhibits and 9 material objects. On behalf of the defence, one witness, by name, Narayanasamy and Ex.D-1 marked during the cross-examination of PW-2. The trial Court acquitted all the accused from charge under Section 341 IPC. Rest of the charges against respective accused were held proved. They were convicted and sentenced to undergo imprisonment as under:-

Thangapandi (A-1)

Thangamarimuthu (A-2)

Latha Selvi (A-3)

Subbulakshmi (A-4) (i) Section120B r/w 302 IPC.

(ii) Section 302 r/w 115 IPC. Imprisonment for life. Fine of Rs.2000/-. In default 3 months RI.

5 years RI. Fine of Rs.2000/-. In default 3 months RI.

Thangapandi (A-1) Section 294(b) IPC Fine Rs.1000/-. In default 2 weeks SI.

4. Being aggrieved, Thangapandi (A-1) and Thangamarimuthu (A-2) have preferred Crl.A.(MD) No.622 of 2019 and Latha Selvi (A-3) and Subbulakshmi (A-4) have preferred Crl.A.(MD) No.583 of 2019. Since both the appeals are directed against one and the same judgment of conviction and sentence passed in S.C.No.441 of 2015, dated 11.11.2019, on the file of the Fast Track Mahila Court, Thoothukudi, both appeals are taken up together and common judgment is passed.

5. Before adverting to the factual and legal aspect of the appeals, it is relevant to record the relationship between the accused, deceased and the key witnesses, since serious doubt been raised that the witnesses are interested witnesses being closely related.

6. The first accused is the husband of the deceased Karpagam. The 2nd accused is brother of A-1. The 3rd and 4th accused are sisters of A-1. The absconding fifth accused is son of 4th accused. PW-1 is the mother of the deceased. PW-2 and PW-3 are the brothers of the deceased. PW-5 is the minor daughter of the deceased and A-1.

7. The case of the prosecution as found from the evidence:

7.1. Thangapandi (A-1) and Karpagam were married for 8 years. They had two daughters. The family members of Thangapandi (A-1) wanted a male child. His sister, the 4th accused was ready to give her daughter in marriage to Thangapandi (A-1). So, the accused persons conspired to murder Karpagam. In pursuant to the said conspiracy, the first accused Thangapandi, who used to frequently drive away his wife Karpagam to her parents house demanding money. Two days prior to the incident, he drive out his wife Karpagam to bring Rs.50,000/- from her parents. On 08.02.2015 a