The court emphasized the importance of analyzing the evidence of illicit intimacy, motive, and subsequent conduct of the accused in determining guilt under Section 302 I.P.C.

S.K. Krishnan. J.

A.Vijayasankar, the appellant herein, on being aggrieved by the judgment convicting him for the offence under Section 302 I.P.C., has filed this appeal.

2. The short facts leading to the conviction could be summarised as follows:

a) The deceased Rajendran and P.W.1 Manimegalai got married six years prior to the date of occurrence. Out of the wedlock, two children were born to them. The father of the deceased is one Kandasamy. Vijayasankar, the accused is the son of one Arumugam, who is the younger brother of the said Kandasamy. The accused, a young man, was studying in the school. All are residing in the same village by name Kaveti Ranganpalayam. P.W.1 Manimegalai and her husband deceased Rajendran were engaged in making rope for coconut fibre. The deceased Rajendran and P.W.1 borrowed Rs.1000/- as loan from the accused. A promissory note was executed by the deceased in favour of the accused.

b) After some time, the accused demanded for repayment of the loan. The deceased was not able to repay the loan in time. For demanding the loan amount, the accused used to visit the house of P.W.1 frequently in the absence of her husband. When P.W.1 and the deceased were not able to repay the loan, the accused began to pressurise P.W.1 to become his concubine so that he would not demand for the repayment of the loan. Submitting to the pressure, P.W.1, in course of time, developed illicit intimacy with the accused. This illegal affair continued for some time. Later, the deceased came to know about their illicit intimacy. He beat P.W.1 and sent her to her parents' house. The accused used to visit her parents' house also and continue to have relationship. Due to the continued illicit intimacy, a male child was born to P.W.1 and the accused. Without knowing the same, the brother of P.W.1 wanted the deceased to compromise the matter and managed to convince the deceased to allow her to join with him. Accordingly, P.W.1 along with the child joined her husband.

c) Even thereafter, the accused used to visit the house of P.W.1 in the absence of the deceased Rajendran. Having got angered by the act of the accused, the deceased approached village Panchayatdars to convene a panchayat. Accordingly, P.W.3, one of the Panchayatdars convened the panchayat and summoned both the accused and P.W.1. When they were enquired in the presence of the villagers, both the accused and P.W.1 confessed that they had illicit intimacy and due to that, the new born child was born to them. Finally, the Panchayatdars decided that the deceased should take care of his two other children born to him and the accused should take the third child and P.W.1 with him and also should pay Rs.30,000/- as compensation to the deceased. However, at the end of the panchayat, the mother of the accused did not agree for the Panchayatadars' decision and left the panchayat abruptly by taking the accused along with her.

d) Five days later, the brother of the accused along with his men came to the house of P.W.1 and attacked P.W.1 by throwing stones on her. With reference to this, a case was registered. She was taken to the Omalur Hospital by the deceased. She was there for about 17 days taking treatment.

e) One day prior to the Pongal, i.e. on 15.1.1994, P.W.1 Manimegalai was sitting in the house and grinding out the flour. The deceased also was inside the house. At that point of time, the accused came to the house of the deceased and sitting on the floor, engaged in the conversation with P.W.1. For taking water, a common motor was used by all including the accused and deceased families. The said common motor was under repair. When P.W.1 asked the accused as to why repairing work was not done, the accused stated that each family has to pay Rs.300/- for doing the repair work and it will take one or two days. On hearing those words, the deceased Rajendran found fault with the accused and shouted at him as to why he was asking Rs.300/- for a common motor. P.W.1 asked the