The main legal point established in the judgment is that in a case based on circumstantial evidence, the chain of circumstances must form a complete chain without any missing links and must exclude any hypothesis of innocence in favor of the accused.

P. DEVADASS, J.

1. The appellant, who is accused in S.C. No. 13l of l999 before the learned Principal Sessions Judge, Tuticorin. in this appeal, challenges his conviction under Section 302 IPC and the life sentence and fine of Rs. 100/-, in default, to undergo one month rigorous imprisonment awarded to him on 3.4.2002. For the sake of convenience, in this judgment, he shall be called accused.

2. The prosecution version of the case may briefly be stated as under:

(1) Madasamy (deceased) belonged to Thomas Nagar in Ilupaiyurani, near Kovilpatti, in Tuticorin District. Firstly, he married Muthunari. Since she had no issues, he separated from her and then, married Mariammal. Since she also has no issues, he separated from her and married his present wife, Selvi. Accused Vijayakuamr @ Kutty also belongs to Ilupaiyurani.

(2) Madasamy took away P.W.6 Ruby Rani‘s daughter, Sumathi. Thereafter, he left her. In the circumstances, during July, 1998, accused chided Madasamy that already he had married thrice and was it necessary for him to marry fourth time. The infuriated Madasamy retorted that he had capacity to have one more lady and if he has such capacity, he can also do so, and that if he wish, he could send him his wife, through her, he would give him a child. Both quarrelled. P.W.2 Manikandan separated them;

(3) P.W.7 Paramasivan used to lend on hire bill hooks, knives and agricultural implements. On 18.7,l998, at about 9 p.m., accused hired M.O.1 bill-hook from him stating that he need it for wood cutting.

(4) On 19.7.1998, P.W.2 saw the accused with a bill-hook. Accused told him that it is for his safety. On 20.7.1998, at about 7 p.m., accused took Madasamy from his house.

(5) At about 7.30 p.m., Madasamy‘s sister P.W.4 Kaliammal, came to his house. Madasamy told her that in connection with a work, accused was coming to take him. Thereafter, Madasamy‘s mother P.W.3, Malaiyammal came. Selvi told her that her husband had gone out already. The whole night Madasamy did not return home.

(6) On 21.7.1998, at about 7 a.m., in the mud-pathway in Immandvel‘s land, in Ilupaiyurani, P.W.1 Muthiah, brother of Selvi, found Madasamy dead with injuries on his right neck. He informed Selvi. She came there. Seen the dead body. She told him that on the previous day night, accused took her husband with him.

(7) On 21.7.1998, at about 8 a.m., at the Kovilpatti East Police Station Selvi. gave Exhibit P-1 statement to P.W.16, Sankaranarayanan, Sub-Inspector of Police. It was attested to by P.W.1. P.W.16 registered a case in crime No. 388 of l998 under Section 302 IPC. He sent the Express FIR through P.W.14 Grade I Constable Joseph to Judicial Magistrate No. I, Kovilpatti.

(8) At about 9.30 a.m., on receipt of a copy of FlR, P.W.18 Inspector, Abu Bucker Kunju, took up his investigation. At the scene place, in the presence of P.W.11 Periya Madasamy, Village Assistant and Muthusamy, V.A.O, Ilupaiyurani, he prepared Exhibit P-6 observation mahazar and drew Exhibit P-16, rough sketch. In the presence of panchayathdars, P.W.18 held inquest over the dead body (Exhibit P-7 Inquest Report). Sent the dead body with Exhibit P-8 post-mortem requisition to Govt. Hospital, Kovilpatti, through P.W.15.constable Sugumar. In the presence of witnesses, P.W.18 recovered M.Os.2 to 4 blood-stained sand, plain sand and blood-stained towel from the scene place under Exhibit P-7 mahazar. P.W.18 examined the material witnesses and recorded their statements.

(9) At about 2.30 p.m., at the Government Hospital, Kovilpatti, P.W.12 Dr. Alagesan conducted post-mortem on the dead body of Madasamy and found a deep cut injury 10cm x 4cm x Bone deep horizontally extending from lateral half of border of right mandible to back of neck. On right side injury, major blood vessels including carotid artery, muscles exposing lower part of right mandible. Hyoid bone cut in the right side.

(10) P.W.12 opined that the deceased would appear to have died of shock and hemorrhage due to injur