The central legal point established in the judgment is the requirement for thorough analysis of evidence and the lack of evidence for the charges brought against the appellant.

B. GOKULDAS, J.

1. The appellant herein, who was tried by the learned Sessions Judge, Sivagangai, in S.C.No.37 of 2010, for charges under Section 376 r/w Section 511 and 302 IPC, was found guilty vide judgment, dated 26.04.2013, and sentenced to undergo rigorous imprisonment for 10 years and life imprisonment respectively, and the sentences imposed were ordered to run concurrently. Aggrieved by the said judgment of conviction and sentence passed by the trial court, the sole accused has preferred the present Criminal Appeal before this Court.

2. The case against the accused/appellant is that, on 13.01.2009 at about 8.30 a.m., when the deceased/Valli was taking bath in Poochiyenthal Kanmoi, the accused/Silamban went there with an intention to rape her. When he attempted so and the deceased reacted to prevent him, with an intention of murdering her, he assaulted her with an Aruval and when she resisted with the left hand, she sustained a cut injury on the said hand. Again, the accused cut her from left cheek to the middle of nose and once again from the left neck to the right side thereof, as a result, both trachea and esophagus got exposed. When the victim fell into the water, again, he assaulted her with the tip of Aruval on both the left and right back, as a result, the deceased/Valli died instantaneously on the spot. Accordingly, the accused/appellant was charged.

3. Before the trial court, in order to substantiate its case, the prosecution examined PWs-1 to 9, marked Exs.P1 to P10 and produced MOs1 to 12. On the side of the accused, neither any witness was examined nor any document marked.

4. The case of the prosecution, as unfolded by its witnesses, is as follows:-

(i) PW1/Vellaiyammal is the mother of the deceased Valli. In her evidence, she deposed that on 13.01.2009, at about 7 a.m., she took the deceased/Valli to Poochiyenthal Kanmoi to take bath. PW1 told her daughter to wash her dresses in the Kanmoi water after taking bath, and that, in the meantime, she would work in her field next to the Kanmoi bund. Thereafter, PW1 went to the field and was attending the field work, at which time, on hearing the alarming voice of her daughter Valli, she rushed to the Kanmoi, where, on reaching the top of the bund, she had seen the occurrence. She would further depose that the accused attempted to rape her daughter Valli, and when such act was prevented by her, the enraged accused, assaulted her with Aruval, inflicting cut injuries on the left face, neck, hand and both sides of hips. After such attack, the accused pushed her into the water and ran away towards the western side of the Kanmoi. Immediately, she rushed towards the village and raised alarm, whereupon, the locals, namely Alagu, Lakshmi, Andiappan, Ponnaiah, and Shanmugam, came to that place and brought the deceased to the ground and found her dead. The husband of PW1, on information, came to the spot and along with him, PW1 went to Kundrakudi Police Station and lodged a complaint, wherein, she put her thumb impression and the same was attested by her husband. The said complaint is Ex.P1. PW1 identified the weapon of offence as MO1 and also the petticoat of the deceased as MO2.

(ii) PW2/Alagappan, father of the deceased is the attesting witness for Ex.P1/complaint lodged by PW1. He deposed to the effect that while he was engaged in cooking work at a place called Kovilurmadam, on information given by some individuals riding motor cycles, he went to the spot ,where he found a crowd near the dead body of the deceased at the ground near the Konmai, and he took her wife PW1 at 11 Hrs to Kundrakudi Police Station, where, PW1 narrated the incident and, the police official reduced the same into writing and prepared the complaint under Ex.P1 and the same was attested by him.

(iii) PW3/Andiyappan, would depose that, on the fateful day, i.e. three years back, and one day prior to the Pongal festival in the morning between 07.00 a.m. and 07.45 a.m., he and others went by the side