The sufficiency of evidence and the unimpeachable conclusion that the 1st accused committed the murder.

K. Vinod Chandran, J.

1. Hell hath no fury like a woman scorned. This is a classical case of such fire, fiercer than that of the purgatory, consuming the lover and also the avenger, but not even singeing the one from whom such fire emanated.

2. The appellant (A1) was charged along with three others with the offence of conniving with the other accused and murdering the deceased who had jilted his aunt (A3), on the eve of the betrothal of the deceased. The offence as charged by the prosecution occurred on 11.1.2003 at 8.15 p.m. The 1st accused along with three others being his cousin (A2) and aunts (A3 and A4) with the common intention of murdering one Suresh, detained the latter and committed his murder with a chopper, causing 23 ante-mortem injuries on the deceased, was the allegation. The 1st accused alone was charged with the overt act of inflicting the injuries on the deceased leading to his death. The other accused were arraigned for the common intention they nurtured to commit the said offence. The accused were thus committed for the offences punishable under Sections 341 and 302 read with Sections 114 and 34 of the Indian Penal Code. On committal, the Sessions Court framed charges under the above mentioned sections and the accused pleaded not guilty to the same.

3. The trial Court recorded the evidence of PW-1 to PW-16 and marked Exhibits P1 to P31 as also material objects, M.O.1 to M.O.9. The accused took up a defence of total denial and stated in his 313 statement that the motive of avenging his jilted aunt is totally false since, she had no such relationship, that he was not present at the place where the said incident is said to have occurred. He also alleged animosity on P.W.1, the only eye witness, and described the deceased as a person having lot of enemies. The 1st accused also examined D.W.1 and D.W.2 purportedly in support of the defence set up by him and marked Exhibits D1, D2 and D2(a) respectively being a portion of 161 statement of P.W.1, Electricity Board Operation Register and page No.76 of Exhibit B2 register.

4. The learned Sessions Judge after detailing the entire facts, considered the evidence recorded elaborately and exhaustively and found that the deceased died of the injuries sustained by him on 11.1.2003 and that the said injuries leading to the death of the deceased were inflicted by the 1st accused. However, the learned Sessions Judge refused to accept the case of the prosecution with respect to the wrongful restrain of the deceased by accused 2 to 4 and also disbelieved the pre-meditated common intention of the accused 2 to 4 to commit the offence as alleged. The first accused was sentenced to undergo imprisonment for life under Section 302 IPC and was directed to pay compensation of Rs. 1,00,000/-to the legal heirs of the deceased. The amount was directed to be paid within a period of six months from the date of judgment, failing which the 1st accused was sentenced to undergo rigorous imprisonment for a further period of one year. Accused 2 to 4 were found not guilty of the offences alleged. The appeal before us is only with respect to the conviction and sentence imposed on the 1st accused.

5. We find that the recapitulation of the facts is unnecessary for the decision in this appeal, since we are dealing with the specific circumstances and evidence which persuaded the learned Sessions Judge to enter a conviction against the 1st accused. We were ably aided by the learned counsel for the appellant as also the learned Public Prosecutor, who meticulously took us through the evidence recorded.

6. The motive was spoken to by P.W.1, the eye witness in front of whose house, the incident occurred, as also PW-5, who was a friend of the deceased. The incident itself was spoken to by the eye witness, P.W.1, who deposed in consonance with his version recorded in the F.I. Statement, on the basis of which the F.I.R. was registered. P.W.4, an auto driver as also P.W.1 deposed on the same lines with