The judgment established the importance of circumstantial evidence, last seen theory, extra-judicial confession, and recovery of material objects in establishing guilt under the Indian Penal Code.

(M. CHOCKALINGAM, J.)

1. Challenge is made to a judgment of the Sessions Division, Coimbatore, made in S.C.No.35 of 2009 whereby the sole accused/appellant stood charged, tried, found guilty under Sections 302 and 201 of IPC and awarded life imprisonment along with a fine of Rs.10000/- and default sentence on the first charge and 3 years Rigorous Imprisonment along with a fine of Rs.3000/- and default sentence on the second charge.

2. Short facts necessary for the disposal of this appeal can be stated as follows:

(a) P.W.7 is the husband of the deceased Santhya. P.W.12 is the elder brother of P.W.7, and the deceased Santhya was the cousin sister of the wife of P.W.12. With the consent of both the families, the marriage of P.W.7 and Santhya took place 10 years prior to the occurrence. P.W.7 was employed at Cunnoor. He used to leave his wife Santhya in their residence at Gandhi Nagar. P.W.9 was also employed along with P.W.7 at Cunnoor. When P.W.4 was undergoing custody in connection with a case registered by Tiruppur North Police Station, the accused was also brought to the Sub Jail, Tiruppur, and they became acquainted. P.W.10, the wife of one Vasu, and the deceased Santhya were residing in nearby houses. After P.W.7 left for his work, Santhya used to visit the house of P.W.10 often and spend time with her. P.W.10 and her husband used to often quarrel since one was suspecting the conduct of the other. Hence P.W.10 left the house, went to Tiruppur and employed in a banian Company. On knowing about the same, Santhya also left her residence at Gandhi Nagar and also got employment in the very same company where P.W.10 was employed. P.W.10 developed intimacy with Ramesh, and they got married and were living as husband and wife.

(b) P.W.7 gave a complaint to Oveli Police Station that his wife Santhya was missing. After a months time, she was secured and brought. But Santhya gave a statement that she did not want to go with the husband and the children. Thereafter, she took one of the row houses belonging to P.W.15 at Perumanallur and was living with P.W.4 for 7 or 8 months. They were living as husband and wife. During that time, the accused used to come there and thereby developed intimacy with her. On one day, she left the company of P.W.4 and joined the company of the accused who was carrying on flesh trade. While Santhya was staying with the accused, she was being used for that trade, and so many persons used to attend her on every day. They were staying in a house situated in Door No.10, Sivasubramani Colony, Valayankadu, Tiruppur. While she was staying with him, Santhya went with another pimp by name Moorthy examined as P.W.11. On coming to know about her escape, the accused took all steps to secure her from him so that he could continue the said business by using her. But the deceased did not want to do the same under the accused, but she wanted to go with P.W.4 Ramesh. Under the circumstances, the accused entertained fear whether he would be finished off by Ramesh.

(c) On intimation by P.W.20, P.W.19 went to Tiruppur on 7.11.2006, and he stayed with the deceased and spent that night. The accused locked outside facilitating their uninterrupted stay. Next morning, the accused opened the door, and immediately P.W.19 left for Coimbatore. The accused and the deceased stayed in the same place on that day. P.W.20 went to the house of the accused on 8.11.2006, when he found both the accused and Santhya quarrelling with each other. At that time, Santhya asked the accused that she should be handed over to Ramesh. P.W.20 after pacifying the situation, left the place.

(d) On 9.11.2006 at about 03.00 hours, the accused strangulated her using a nylon rope, M.O.24, in the house at door No.10, Sivasubramani Colony, Valayankadu, Tiruppur, and later took her dead body in his M.O.23, maruti car, bearing registration No.TN 09 J 6292. At about 4.00 or 4.30 A.M., P.W.21 was standing in front of the bus stop called Kamatchiamman Koil