The quality and credibility of evidence, especially the testimony of witnesses, are crucial in establishing guilt beyond reasonable doubt in criminal cases.

R. Regupathi, J.

In a double murder case for having murdered his wife and first daughter, the appellant/sole accused faced trial in S.C. No.191 of 2006 on the file of the Additional Sessions and Fast Track Court, Dharmapuri. By Judgment, dated 09.04.2007, passed by the trial court, he was convicted for the offence punishable under Section 302 IPC (2 counts) and sentenced to undergo life imprisonment for each count and to pay a fine of Rs.1,000/-under each count. He was also convicted under Section 302 read with 201 IPC. and sentenced to undergo R.I. for five years and to pay a fine of Rs.1,000/-. The sentences were ordered to run concurrently. He was directed to pay a sum of Rs.50,000/- as compensation to PW-1 for the maintenance of his daughters. Aggrieved against the order passed by the trial court, the appellant has preferred the present Criminal Appeal.

2. The appellant/accused and the first deceased Lakshmi Saraswathi (referred in this Judgment as D1) are husband and wife, and the second deceased Keerthana (referred as D2) is their first daughter. PW-2 Lokeshwari is their second daughter.

On 08.03.2004 at about 8.30 P.M., on account of a quarrel between the accused and D1, when she questioned the accused about his illicit relationship with several girls, the accused, with an intention to cause the death of D1, slapped her, as a result of which, she fell down unconscious and thereafter, he hanged her to the ceiling fan in the bed room with a salvai till her death; thereby, charge under Section 302 IPC. was framed.

During the course of the same transaction, the accused, fearing that his act would be divulged by D2, who witnessed the murder of her mother, throttled her neck with a towel, resulting in her death; thereby, charge under Section 302 IPC. (second count) came to be framed.

Thereafter, he shifted the bead bodies to the residence of his parents at Mallapuram with a view to screen the offence; thereby, charge under Section 302 read with 201 IPC. was framed.

When the accused was initially questioned, he pleaded innocence and therefore, trial of the case was taken up.

The prosecution, in its endeavour to bring home the guilt of the accused, examined PWs-1 to 13, marked Exs.P1 to P24 and produced MOs.1 to 7. The defence did not examine any witness, however, marked an attested xerox copy of the post-mortem certificate as Ex.D1.

3. The case of the prosecution, in short, as unfurled by its witnesses, runs thus:-

a) PW-1 is the mother of D1. According to her, D1 was married to the accused and they had three female children, of whom, the first two daughters were residing with the accused and the third daughter is brought up by her. The accused was running a type-writing institute and he often troubled D1 demanding dowry and there used to be frequent quarrels as the accused had affair with several women. Though initially dowry was given by way of jewels, the accused sold out the same and demanded further money. In such circumstances, on 08.03.2004, PW-1 received a message from a neighbour that D1 committed suicide along with D2, whereupon, she went to the residence of the accused along with PW-3/her son and finding that the accused already took the bodies to the residence of his parents, proceeded there and found the bodies laid at the Verandah. Though the father of the accused was present, the accused was not there. PW-2, the second daughter of the accused was present there and on enquiry by PW-1, she stated that there was a quarrel in the evening between the accused and D1, in which, the accused caused the death of D1 by throttling her neck with a cloth piece and when D2 intervened, she was also done to death in the same fashion. PW-2 also told PW-1 that she was threatened by the accused not to divulge the same to anybody and was spared by him when she promised that she would not reveal his act. As it was very late by then, PW-1 lodged a complaint under Ex.P1 with police on the next day.

b) PW-2 is the seco