In cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence linking the accused to the crime and prove circumstances beyond reasonable doubt.

S.NAGAMUTHU, J.

The appellants are the accused 1 and 2 in S.C.No.150 of 2010, on the file of the learned Additional Sessions Judge, Fast Track Court No.I, Thoothukudi. The accused 1 and 2 stood charged for the offence under Section 120-B read with 302 I.P.C. and the first accused stood charged for yet another offence under Section 302 I.P.C. By Judgment, dated 02.11.2010, the Trial Court convicted them. For the offence under Section 120-B read with 302 I.P.C., the Trial Court sentenced both the accused to undergo imprisonment for life and to pay a fine of Rs.1,000/-in default to undergo rigorous imprisonment for one year and for the offence under Section 302 I.P.C., the Trial Court sentenced the first accused to undergo imprisonment for life and to pay a fine of Rs.1,000/-in default to undergo rigorous imprisonment for one year. Challenging the said conviction and sentence, the appellants are before this Court, with these Criminal Appeals.

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

The deceased in this case was one Mr.Rajarajan. The second accused is his wife. It is alleged that the second accused had developed illicit intimacy with the first accused. The deceased reprimanded the second accused for the same. Therefore, it is alleged that on 19.09.2009, the accused 1 and 2 had conspired to commit the murder of the deceased. It is further alleged that in pursuance of the said conspiracy, on 21.09.2009, at about 09.15 p.m., the first accused had taken the deceased to the waste land of one Kamal at Ariyanayakipuram, made him to drink brandy mixed with Fanta colour and when the deceased was lying down under the influence of alcohol, the first accused attacked him on his neck with wooden log and caused his death. The occurrence was not witnessed by any one.

3. It is alleged that the dead body of the deceased was found at 07.00 a.m. on 22.09.2009 at the place of occurrence. P.W.1 is the brother of the deceased. He heard about the same from the villagers, rushed to the spot, verified that the deceased was lying dead and proceeded to Vilathikulam Police Station and made a complaint under Ex.P.1. P.W.14 received Ex.P.1 at 09.00 a.m. on 22.09.2009 and registered a case in Crime No.257 of 2009 under Section 302 I.P.C. Ex.P.18 is the First Information Report. Then, he forwarded both the documents to the Court and handed over the Case Diary to the Inspector of Police for investigation.

4. P.W.15, the then Inspector of Police, Vilathikulam Police Station, took up the case for investigation at 09.30 a.m. on 22.09.2009. Immediately, he proceeded to the place of occurrence and at 10.00 a.m. in the presence of P.W.5 and another witness, prepared an Observation Mahazer and a Rough Sketch. He recovered blood stained earth and sample earth from the place of occurrence under a mahazer. Then, in the presence of panchayatdars at 11.00 a.m. to 02.00 p.m. on the same day, he conducted inquest on the body of the deceased. Ex.P.20 is the Inquest Report. In Ex.P.20, he concluded that some unidentified persons had committed the murder of the deceased. Thus, until 02.00 p.m., there was no clue available in respect of the assailants. Then, he forwarded the body for postmortem. P.W.6 Dr.Mangaladevi, conducted autopsy on the body of the deceased on 22.09.2009 at 03.00 p.m. She found the following injuries:

“External injuries (Antemortem): Horizontal split laceration measuring 16 x 4 x 6 cm over the front of neck running along the undersurface of mandible; underlying soft tissues, blood vessels damaged. Larynx contused surrounded by dark red coloured hematome and intact. Extravasation of blood over the hyoid bone too. Hyoid bone intact. Extravasation of blood on the whole anterior surface neck. No bony injuries. Scalp appears intact. There is extravasation of blood on the right temporal region beneath the scalp. Fact is symmetrical. Eyes closed. Nose normal and intact. Ears normal and intact. No discharge from nostrils, ears, mouth. Tongue