Basing of conviction on the evidence of a single witness.

Swamikkannu, J.-

This is an appeal by the accused Thangavelu against the judgment dated 13th August, 1979 in S.C. No.49 of 1979 on the file of the Court of the Learned Sessions Judge, North Arcot at Vellore finding him guilty under section 302, Indian Penal Code, convicting him there under and sentencing him to undergo imprisonment for life.

2. The case against the accused before the trial Court is that on or about the 12th day of December, 1978 at about 5.00 p.m. in Iyer’s rice mill at Arcot, the accused, caused the death of his wife Anna booshanam by stabbing her with a pen knife on her chest, abdonmen and other places of her body and thus caused her fatal injuries and thereby committed an offence punishable under section 302, Indian Penal Code.

3. When this charge was read over to the accused and explained in Tamil, he pleaded not guilty.

4. The prosecution had let in oral evidence through P.Ws.1 to 18, documentary evidence Exhibits P.1 to p.32 and also produced M.Os. 1 to 9 to substantiate the case put forward by it against the accused in the trial Court.

5. The prosecution case is simple. The deceased Annabooshanam who was aged about 35 years at the time of the occurrence had married the accused Thangavelu who is aged about 45 years, about 17 years prior to the Occurrence. Both the accused as well as his wife together with their children were living in a house situate in Harijan Colony known as Azhagappar Colony in the town of Arcot. The accused at the time of the occurrence was working as a monthly salaried Labourer in the pipe imbeding department of Arcot Municipality. His wife the deceased Annabooshanam was a cooly at the time of the occurrence in the same part of town. P.W. 3 Sambangi, who is related to the deceased as her elder brother is living with his family in a separate house. P.W. 4 Chittibabu who is aged about 23 years, is living in Thasipuram village which is -at a distance of about two miles away from Arcot town. The accused and his wife the deceased Annabooshanam were thus living in a house situate in Azhagappar Colony during the time of the occurrence. One Manoharan, who is employed as a beedi rolling cooly is also living near the house of the accused. For the past two years, P.W. 4 Chittibabu had been coming and helping as a beedi rolling labourer under the said Manoharan. It was during that time both the deceased Annabooshanam and P.W. 4 became friends, that is, they used to engage themselves in conversation as and when both of them met. But there was no illicit intimacy between them. But the accused Thangavelu had entertained a feeling in his mind that there could have been illicit intimacy between P.W. 4 Chittibabu and his wife the deceased Annabooshanam. On the basis of the entertainment of a feeling of doubt in his mind, the accused had been quarrelling with the deceased frequently. That apart, about few days prior to the occurrence, on one or two occasions, the accused bad also questioned P.W.4 about the said illicit intimacy. During those occasions, P.W. 4 Chittibabu had stoutly denied any such illicit relationship existing between himself and the deceased Annabooshanam, the wife of the accused.

6. In the North Arcot District, Ranipet is situated adjacent to Arcot town. It is only the river Palar that separate both these towns. There is a rice mill situated within Arcot Municipal limits adjacent to the road on the east which leads to Ranipet from Arcot town. The said mill, is owned by P.W. 9 Vijayaraghavan. About sometimes prior to the Occurrence, in the said rice mill, P.W. 1 Mariya, P.W. 2, Thayarammal the deceased Annabooshanam and yet another woman by name Padma were eking their livelihood by engaging themselves as labourers. The other three women who were working as labourers in the said mill also belonged to the town of Arcot. During the relevant time in the said town of Arcot. P.W. 10 Kuppuswami, who is the resident of the said town had been conducting an auction chit. In the said