The duty of the prosecution to establish the facts, including the alleged telephonic conversation and the accused's involvement, in order to prove the guilt of the accused based on circumstantial evidence.

N. Sathish Kumar, J.

Appellant is the sole accused in the case tried in SC.No.57/2014 on the file of the Sessions Judge, Fast Track Mahila Court, Thiruvannamalai for offences under sections 364 and 302 IPC. The trial Court, under impugned Judgment dated 16.04.2015, found the accused guilty of offences u/s. 364 and 302 IPC and sentenced him imprisonment for ten years for the offence under section 364 IPC and sentenced him to life imprisonment and a fine of Rs.1,000/- in default, two years rigorous imprisonment for the offence under section 302 IPC and the sentences are to run concurrently . Aggrieved over the said conviction and sentence, the present appeal came to be filed by the appellant/accused.

2. The brief facts of the prosecution case, are as follows:-

The deceased Kumari is the daughter of P.W.1 and P.W.3, sister-in-law of P.W.2 and mother of P.W.4 and P.W.5. The deceased Kumari was given in marriage to one Elumalai and the said Elumalai died. After his death, the deceased and the accused developed illegal intimacy. P.W.2, P.W.5 and P.W.8 were aware of the illegal affair of the deceased and the accused. P.W.2, brother-in-law of the deceased, on one occasion, found the deceased and the accused in a compromising position. Despite advice from the family, the deceased and the accused continued their relationship. Besides, the accused used to receive money from the deceased, in respect of which there used to be frequent quarrel between them.

3. When the matter stood thus, on 23.05.2013, while P.W.4, son of the deceased was in the house along with his mother at about 6.15 p.m., the accused called the deceased over phone. P.W.4 attended the same and the accused requested P.W.4 to inform his mother about the phone and also asked her to come behind the church. After some time, again, the accused called the deceased and the deceased picked up the phone and at that time also, the accused asked the deceased to come behind the church in the village. P.W.4 over heard the conversation, as the deceased was speaking with the accused in a loud speaker. Accordingly, the deceased left the house and P.W.4 also followed her for some time. However, the deceased asked him to purchase some items in the shop and asked him to go to the house. Accordingly, P.W.4 went to his house and slept. Thereafter, on seeing the dead body of the deceased behind the church, P.W.1 lodged Ex.P.1 report.

4. P.W.13, Sub Inspector of Police, on receipt of Ex.P.1 report, registered a crime in Crime No.72 of 2013 for the offences under sections 364 and 302 IPC under Ex.P.8 First Information Report.

5. P.W.15, Inspector of Police, took up the case for investigation and proceeded to the place of occurrence and prepared Observation Mahazar Ex.P.2 in the presence of P.W.6 and also another witness and also drawn Ex.P.9 Rough Sketch and conducted inquest over the dead body and prepared Ex.P.10 Inquest Report and forwarded the dead body to the hospital for postmortem along with a requisition.

6. P.W.9, Medical Officer attached to the Chengam Government Hospital, conducted autopsy and found the following injuries :

Contusion 5 x 4 cm left fronto temporal area of scalp – left side.

Contusion 4 x 3 cm below left eye with conjunctival hemorrhage on left side.

Contusion 3 x 2 cm occipital area of scalp – left side

Contusion in front of neck 3 x 2 cm with multiple abrasions ½ x ½ cm and flexor aspect of both knees.

Ribcage intact. No fractures made out.

Internal injuries :

On opening skull bones found intact. Meninges inact. No blood clot or heamotama. Both tissue normal on right side. Left side, brain tissue – contusion seen in fronto temporal area.

On dissecting the neck underlying solft tissues contused. Heamatoma seen. Tearing of Blood vessels and soft tissue seen.

Hyoid Bone fratured and ? Right horn flexed inwards – doubtful. Hyoid Bone sent for analysis.

and issued Ex.P.7 Postmortem Certificate opining that the deceased died due to asphyxia and head injuries and its complication,