The judgment establishes the principle that circumstantial evidence, including the last sighting of the deceased, the cause of death, the missing belongings, the arrest and voluntary confession of the accused, and the recovery of stolen items, can be sufficient to establish guilt in a murder and robbery case.

Mr. S. NAGAMUTHU, J.

1. The appellants are the accused in S.C. No. 137 of 2009, on the file of the learned Sessions Judge, Kanyakumari Division at Nagercoil. They stood charged for offences under Sections 449 , 302 , 392 , read with 397 and 201 of the Indian Penal Code. By judgment dated 28.9.2012, the Trial Court convicted them under all the charges. For the offence under Section 449 of the Indian Penal Code, they have been sentenced to undergo Rigorous Imprisonment for ten years and to pay a fine of Rs. 1,000/- each in default to undergo simple imprisonment for 28 months; for the offence under Section 302 of the Indian Penal Code, they have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- in default to undergo simple imprisonment for four years each; for the offence under Section 392 read with 397 of the Indian Penal Code, they have been sentenced to undergo Rigorous Imprisonment for ten years in default to undergo simple imprisonment for 28 months each and for the offence under Section 201 of the Indian Penal Code, they have been sentenced to undergo Rigorous Imprisonment for three years and to pay a fine of Rs. 1,000/- each in default to undergo simple imprisonment for 18 months. The sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the appellants have come up with these Criminal Appeals.

2. The case of the prosecution, in brief, is as follows:

The deceased, in this case, was one Sulochana @ Raja Sulochana. P.W.1 is the sister’s daughter of the deceased. P.W.1 was the then employed as a Nurse in Primary Health Centre at Moonchirai Village in Kanyakumari District. In the said village, P.W.1 was residing in a rented house belonging to P.W.4, P. Thankaiyan. Along with her, yet another Nurse, by name, Ramalakshmi was also staying. On 12.3.2009, the said Ramalakshmi had gone to Tirunelveli for training. Since P.W.1 was alone at home, on a request made by the mother of P.W.1, the deceased had gone to the house of P.W.1 to be a company to her.

2.1. The deceased was a permanent resident of Vaiyakundampatti Village in Tirunelveli District. Her husband was away in Singapore on account of his job. She had a child. As she was requested by the mother of P.W.1 to go over to the house of P.W.1 to ensure her safety, since P.W.1 is an young girl, the deceased, leaving her child in the custody of her mother-in-law, came to Moonchirai and stayed with P.W.1. On 15.3.2009, P.W.1 left the house by around 6.30 PM for duty at the hospital. The deceased alone was at home. P.W.1’s night duty was over early in the morning on 16.3.2009. When she returned to the house, the same was found locked from outside. She knocked at the door. But, there was no response from inside. She went to the house of P.W.3, a neighbour, and enquired about the deceased. She disowned any knowledge about the deceased.

2.2. P.W.1, therefore, again returned to her house and she incidentally found that the key was above the door frame. With the help of the said key, she opened the main door and entered into the house. She called the deceased. But, there was no response. She continued to search for the deceased. When she went to the bathroom, she was shocked to see that the deceased was hanging from roof in a Nylon Rope. She was wearing nighty. Her hands were tied together tightly with a towel. Her legs were slightly touching the floor. The tongue was protruded out. On seeing the same, she cried. P.W.3 rushed to the spot. P.W.1 noticed that a Big Gold Chain, a Small Gold Chain, two Ear Rings, Ear Mattel, a pair of Silver Anklets, the Cellphone used by the deceased and a Handbag belonging to the deceased were missing.

2.3. She informed her father, P.W.2, about the occurrence over phone. P.W.2 is a resident of Kuruvikulam Village in Sankarankovil Taluk, Tirunelveli District. On the said information about the death of the deceased, P.W.2 and his wife immediately rushed to Moonchirai Village. By that time