(Dr.P.DEVADASS, J.)

The appellant is the sole accused in the Sessions Case in S.C.No.86/2010 on the file of the learned Additional Sessions Judge, Fast Track Court No.I, Salem.

2. On 04.06.2010, the learned Additional Sessions Judge found him guilty under Section 302 IPC and sentenced him to life imprisonment with a fine of Rs.1,00,000/-, with default sentence of one year rigorous imprisonment.

3. The case of the prosecution briefly runs as under:-

(i) PW-2's son and daughter are the deceased and PW-3. The deceased was married to PW-7. Due to some family problem, the deceased was living as a tenant in the house of PW-4. On 30.08.2008, in the said house, she was found dead with multiple injuries.

(ii) PW-1 VAO lodged Ex.P-1 complaint with PW-17 Inspector of Police, Aathur Police Station. He registered this case (Ex.P-12 FIR). He send the express FIR to the Court.

(iii) PW-17, took up his investigation. He visited the scene place. Prepared Ex.P-2 Observation Mahazar in the presence of PW-1 and his Assistant. Drew Ex.P-13 Rough Sketch of the scene place. In the presence of said witnesses, he seized bloodstained sarees (MOs-1 and 2), bloodstained petty-coat (MO-3), bloodstained towel (MO-4), bloodstained cement portion (MO-5) and ordinary cement portion (MO-6) under Ex.P-3 mahazar. In the presence of panchayatdars, he conducted inquest over the dead body [Ex.P.14 inquest report]. He has requested the hospital authorities to conduct post-mortem (Ex.P-5).

(iv) On 31.08.2008, at about 2.30 p.m., at the said hospital, P.W.8 conducted autopsy on the dead body of the deceased and noticed the following injuries :-

(1) Reddish black incised wound 10 x 5 x 5 cm around the right side neck. (1)Reddish black incised wound 8 x 4 x 4 cm right collar area exposing clavicle.

(2) Reddish black incised wound 12 x 5 x 5 cm outer aspect of right shoulder.

(3) Reddish black incised wound 5 x 3 x 2 cm over aspect of right mid arm.

(4) Reddish black incised wound 5 x 2 x 2 cm vertically over flex aspect of right elbow.

(5) Reddish Black incised wound 6 x 3 x 3 cm vertically inner aspect of right elbow.

(6) Penetrating injury 10 x 4 x peritoneal deep obliquely over the right lumbar region with protruded coils of intestine and part of the stomach.

(7) Reddish black incised wound 2 x 1 x 1 cm over the umbilicus.

(8) Reddish black incised wound 3 x 1 x 1 cm just above and left of umbilicus.

(9) Reddish black incised wound 4 x 1 x 1 cm left lumbar region.

(10) Reddish black incised wound 6 x 1 x 1 cm just above and left of the wound No.(10).

(v) P.W.8 opined that the deceased would appear to have died 48 to 72 hours prior to autopsy due to shock and hemorrhage, due to injury to the vital organs i.e., neck vessels and abdominal vessels, stomach and intestines (Ex.P-4 Postmortem Certificate and Ex.P-8 final opinion).

(vi) PW-18 Inspector continued the investigation. He examined further witnesses and recorded their statement. On 16.12.2008, at about 3 a.m., near MGR Statue, near Poonamallee Bus-stop, in the presence of PW-14 and another person, PW-18 had arrested the accused. In their presence, he recorded his confessional statement (Ex.P-9). Based on that, in their presence, PW-18 recovered soori Knife (MO-7) and iron rod (MO8), cellphone (MO-9) under Ex.P-10 Mahazar.

(vii) PW-18 obtained call details (Ex.P-11) of cell phone conversation from Airtel official. He obtained the chemical report. Concluding his investigation, PW-17 filed the Final Report for an offence under Section 302 IPC as against the accused in the committal Court.

4. The committal Court furnished to the accused copies under Section 207 Cr.P.C., committed the case to the Court of Sessions, Salem under Section 209 Cr.P.C.

5. Upon committal, the learned Additional Sessions Judge, upon hearing both sides and on consideration of the case-records framed a charge under Section 302 IPC as against the accused. The accused pleaded not guilty to the charge.

6. Prosecution examined PWs-1 to 18, marked Exs.P-1 to 18 a