S. Nagamuthu. J.

The appellant is the sole accused in S.C.No.40/2014 on the file of the learned Sessions Judge, Mahila Court, Coimbatore. He stood charged for offence under Section 302 I.P.C. By judgment dated 10.06.2016, the trial Court convicted him for offence under Section 302 I.P.C., and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for three months. Challenging the said conviction and sentence, the appellant is before this Court with this Criminal Appeal.

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

The deceased in this case was one Mrs. Neelamani @ Neelavathy. P.W.1 is the husband of the deceased. P.W.2 is the brother of the deceased. The deceased was living along with P.W.1 as husband and wife in Karuvalur, Upilipalayam. The deceased was working in a power loom godown in Muruga mpalayam. The accused was working in the said hand loom as a coolie. In due course of time, the accused developed illicit intimacy with the deceased. They used to meet in a nearby forest belonging to one Texmo-karar Farm, Kumaran Kadu Village to have sex. After some time, the accused had developed doubt that the deceased had illicit intimacy with one Mr. Rajendran also. The accused questioned the deceased in this regard. This resulted in misunderstanding between them. However, they continued their illicit relationship.

3. On 09.03.2013, as usual, the accused and the deceased went to the usual place for their meeting, in the forest, near Kumaran Kadu. It is alleged that the accused persuaded the deceased not to have any relationship with Mr. Rajendran. This resulted in a quarrel. In the said quarrel, it is alleged that the accused strangulated the deceased by using the saree of the deceased as a ligature and killed her. Abandoning the dead body, it is alleged that the accused fled away from the scene of occurrence. The occurrence was not thus seen by anyone.

4. P.W.1, the husband of the deceased having noticed that the deceased did not return home, after her work, informed P.W.2 and both of them went in search of the deceased. On the next day morning, around 6.30 am, they came to know that the dead body of the deceased was lying at the place of occurrence. Thereafter, P.W.1, went to Annur Police Station at 10.00 am on 09.03.2013 and made a complaint. On the said complaint, a case was registered in Crime No.109/2013 for offence under Section 174 Cr.P.C., (suspicious death) by P.W.8, the then Sub Inspector of Police. Ex.P.1 is the Complaint and Ex.P.4 is the F.I.R. He forwarded both the documents to Court which were received by the learned Judicial Magistrate concerned at 10.30 am on 13.03.2013.

5. The case was investigated by P.W.11, the then Inspector of Police. He went to the place of occurrence, prepared an observation mahazar and rough sketch in the presence of witnesses. He also conducted inquest on the dead body of the deceased and forwarded the same for post mortem. He recovered a wire basket, tiffen box, cell phone charger and a cell phone without sim card, havai chappels from the place of occurrence.

6. P.W.10 - Dr. Jayasingh, conducted autopsy on the body of the deceased and found the following injuries:-

"1. A faint ligature mark 28cm noted on the front and both sides of neck

2. Reddish contusion 3x2cm noted over left check and 3x1cm noted over left to angle of mouth.

On bloodless dissection of neck:- The base of the ligature mark is soft and intermittently contused. Reddish contusion 3x2cm noted on the posterior aspect of right side larynx. A vertical fracture noted on the middle of thyroid cartilage with surrounding tissue found contused reddish in colour. Fracture and dislocation noted on the lower end of greater cornu of hyoid bone with surrounding tissue found contused reddish in colour.

On dissection of scalp, skull and dura: Sub scalpal contusion reddish in colour 6x4 cm noted over right temporal region. Brain found liquefied, blood tinches not