The main legal point established in the judgment is the requirement for corroborative evidence, fixed time of death, and consistency in the chain of circumstances to establish guilt beyond reasonable doubt based on circumstantial evidence.

(M. CHOCKALINGAM, J.)

1. This appeal challenges a judgment of the Principal Sessions Division, made in S.C.No.207/2007 whereby the sole accused/appellant stood charged under Sec.302 of IPC, tried, found guilty of murder and awarded life imprisonment along with a fine of Rs.1000/- and default sentence.

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

(a) P.W.1 is the wife of the deceased Anandan. P.W.3 is the brother of P.W.1. P.W.1, her husband and P.Ws.2 to 4 were all residents of the same village. P.W.1, her husband and the accused/appellant were all working under P.W.5, a building contractor. The deceased used to often quarrel with his wife since he suspected that she had illicit intimacy with the accused. On one occasion, the deceased slapped the accused in front of others. On another occasion, the deceased quarreled with the accused and P.W.1. P.W.1 and the deceased were residing as tenants in the house belonging to P.W.2.

(b) On 15.7.2006, when P.Ws.1 and 2, the deceased and the accused were returning after doing their masonry work at Taramani, and waiting for the bus, the accused called the deceased to consume liquor. P.W.1 objected to the same. Despite the objections, the deceased joined the company of the accused and went to consume liquor. After the deceased returned to his house, some time later the accused came there and called him to consume liquor saying that the liquor already taken, was not enough. P.W.1 cautioned him. But, without hearing her words, the deceased went along with the accused. P.Ws.4 and 5 saw both of them near the wine shop at about 9.00 P.M. At about 10.00 P.M., P.W.5 saw the accused alone coming. He questioned him about the deceased, and the accused replied that he has murdered him and has orally confessed the offence.

(c) Since the husband did not return home, P.W.1 went in search of her husband till morning, when she was informed by a villager that the dead body of her husband was found with stab injuries at the 16th Street of Vallal Pari Nagar. P.Ws.1 and 2 rushed to the spot and found the dead body. Then P.W.1 proceeded to the respondent police station and gave a complaint at about 7.45 A.M. on 16.7.2006, to P.W.12, the Inspector of Police of that Circle. The said complaint is marked as Ex.P1, on the strength of which a case was registered in Crime No.784/2006 under Sec.302 of IPC. The Printed FIR, Ex.P10, was despatched to the Court.

(d) P.W.12 took up investigation, proceeded to the spot, made an inspection and prepared an observation mahazar, Ex.P2, and also a rough sketch, Ex.P11, in the presence of P.W.6 and another. Then the finger print expert and sniffer dog squad were brought to the scene of occurrence. M.O.1, bloodstained earth, M.O.2, sample earth, and M.O.3, broken rum bottle, and M.O.4 series, pieces of rum bottle, were recovered under a cover of mahazar. Then the inquest was conducted by him on the dead body of Anandan in the presence of witnesses and panchayatdars, and he prepared an inquest report, which is marked as Ex.P12. P.W.10, the Photographer, was called, and he took the photographs. The photographs and its negatives were marked as M.O.10 and 11 series respectively. Then the dead body was sent to the Government Hospital for the purpose of autopsy along with a requisition.

(e) The dead body was subjected to postmortem by one Dr.K.Mathiharan, the Assistant Professor, Department of Forensic Medicine, Government Royapettah Hospital, on 17.7.2006 at 10.15 A.M., and since during the relevant time, the place where he was actually employed, was not actually known, P.W.11, the Doctor, was examined who knew his signature, and through P.W.11, the postmortem certificate was marked as Ex.P9.

(f) The Investigator further examined all the witnesses and recorded their statements. Pending investigation, the accused was arrested on 16.7.2006. The confessional statement voluntarily given by him, was recorded by the Investigator in the p