Denial of involvement in the occurrence by the accused is not sustainable.

P.D. Dinakaran, J.

The appellant was tried in S.C.No. 61 of 2004 on the file of the learned I-Additional Sessions Judge, Salem and was found guilty, convicted and sentenced to undergo imprisonment for life and also to pay a fine of Rs.500/-, in default to undergo rigorous imprisonment for six months for the offence under Section 302 IPC, and to undergo rigorous imprisonment for five years and also to pay a fine of Rs.250/- in default to undergo rigorous imprisonment for two months for the offence under Section 201 IPC, ordered to run concurrently. Hence the appellant is before this Court with the present appeal.

2. The Inspector of Police, Jalakandapuram laid a charge sheet stating that on 18-19/10/2002 at about 1.00 a.m., at the house of the accused Govindan of Kottaimedu, Soorapalli Village, due to petty quarrel with his wife deceased Kannammal and also suspecting her fidelity, kicked her with his leg on her chest and face and also strangulated her neck with her Saree and caused fracture of hyoid bone and fracture of right side ribs and thereby the said Kannammal died of effects of multiple injuries and also caused the evidence of the commission of the said offence to disappear by digging a pit at the western side of the wall of his house and buried the dead body of his wife in the said pit and thus, committed the offence punishable under Section 302 and 201 IPC.

3. When the accused was initially questioned with regard to the charges levelled against him, the accused refuted them and asked for trial. On behalf of the prosecution P.Ws.1 to 14 were examined and Exs.P1 to P.12 were marked, besides M.Os.1 to 5.

4. The case of the prosecution as revealed from the prosecution witnesses is as follows:-

(a) P.W.1 Madhammal who is the mother of the deceased Kannammal is residing at Kottaimedu within the limits of Jalakandapuram Police Station. P.W.2 Rajendran is her son and he is residing with P.W.1. P.W.6 Raja @ Rajamani is residing at Kottaimedu with his wife P.W.5 Selvi, daughter of P.W.1 Mathammal, Witnesses Venkatachalam who is the son of P.W.1 Mathammal, P.W.7 Seerangammal are also residing at Kottaimedu. The accused who is the husband of Kannammal belongs to Chettipatti Village and after marriage he stayed at Kottaimedu and lived with his wife in a garden house near the house of P.W.1 Madhammal and other witnesses. There were frequent quarrels between the deceased Kannammal and the accused Govidnan and also the accused Govindan suspected the fidelity of his wife Kannammal, which was another reason for frequent quarrels between them. This is known to the witnesses residing nearby the garden house of the accused Govindan. One month prior to the occurrence, because of the quarrel, the deceased Kannammal came and resided with P.W.1 Madhammal for about a month. Then the accused came to the house of P.W.1 Madhammal and requested to send her along with him and P.W.1 Madhammal after giving due advice to her daughter Kannammal sent her back to the house of the accused Govindan and this happened on a Friday. On the next day, when P.W.1 Madhammal went along the house of the accused Govindan, she saw the accused Govindan sitting in the pial of the house and when asked about her daughter, he told her that she had gone for Jalakandapuram. Again when in the evening P.W.1 Madhammal went to see her daughter, she found the door locked and hence she returned to her house. Again in the morning of Sunday when she went to the house of her daughter, she found the door locked and the accused Govindan was also absent. Hence, she searched for her daughter on that day along with relatives and sons and could not know about the whereabouts of her daughter Kannammal.

(b) On the next day, i.e., on Monday morning with the use of a key which had been given to her by the daughter of the deceased, she opened the door and went inside the house and she sensed bad smell emanating and also found a new mud plaster near the western wall of the house and