The burden of proof lies with the accused to establish the circumstances of the crime and provide a satisfactory explanation. Failure to do so can lead to conviction based on circumstantial evidence.

N. Sathish Kumar, J.

1. Aggrieved over the conviction and sentence of life imprisonment and fine of Rs.10,000/- in default to undergo rigorous imprisonment for two months, for the offence under Section 302 I.P.C. the present appeal came to be filed by the appellant.

2. The brief facts of the prosecution in nutshell is as follows:

2. (a) The deceased Fathima Parveen is wife of the accused, daughter of P.W.1 and sister of P.Ws.2 and 4. After marriage, the accused and deceased lived together as husband and wife at Erode. The accused used to torture the deceased. Thereafter, they went to Salem and lived there as husband and wife for sometime. Even there also, the accused used to cause cruelty to the deceased. At the intervention of the family members, the deceased and accused were brought to Coimbatore and made to stay in a place called Singanallur. There also, the accused used to beat the deceased. As a result, a complaint was also given by the deceased/wife to the police. Police intervened and pacified the husband and wife. Thereafter, the accused and deceased set up a separate residence, which is the place of occurrence, namely, Marakadai, in the house belonging to P.W.9. P.W.1 and P.W.2 were residing in the nearby place.

2.(b) On 18.6.2011 at about 9.00 p.m., when P.W.1 went to his daughter's house, where she saw the accused beating her daughter. However, P.W.1 advised them. Thereafter, she bought some bread and handed over to the deceased and came back. Next day, when P.W.1 went to the house of his daughter (deceased), the house was locked. P.W.1 was under the impression that both the husband and wife were gone to the native place of accused. Even on 20.6.2011, as they have not returned and the house was not opened and after knowing that some foul smell emanated from the house of the deceased, P.W.1 with the help of neighbours broke open the doors and found that the deceased was lying dead. Immediately, she lodged a report Ex.P.1 to P.W.19 Inspector of Police, who registered the crime under Ex.P.24 F.I.R and forwarded copies of the same to the Revenue Divisional Officer and Additional Superintendent of Police P.W.20. P.W.20, on receipt of F.I.R., commenced investigation and went to the place of occurrence on 20.06.2011 at about 00.30 hours and prepared observation mahazar Ex.P.2 and rough sketch Ex.P.25 in the presence of P.W.7 and one Aslam and also seized M.Os.2 to 4 from the place of occurrence and gave a requisition to the Revenue Divisional Officer for conducting Inquest and also sent the body for Post-Mortem. P.W.18 R.D.O. on 21.06.2011 conducted Inquest over the dead body and prepared Inquest Report Ex.P.22. Thereafter P.W.20 gave a requisition Ex.P.23 for conducting post mortem. P.W.14 Medical Officer attached to the Coimbatore Medical College Hospital, conducted autopsy over the dead body and found the following injuries:

1. Contusion 8x4x1 cm noted over mid frontal region, 3x3x1 cm noted over right side cheek and 3x2x1 cm noted over left side cheek.

2. A complete transverse ligature pressure abrasion seen encircling the middle part of neck measuring 36x1 cm.

The anatomical location of the ligature mark is as follows:-

- 7 cms below to right ear

- 8 cms below to chin

- 7 cms below to left ear

On bloodless dissection of neck: The base of the ligature mark is soft and intermittently bruised. Bluish contusion 6x2x1 cm noted over front and sides of neck muscle at the level of thyroid cartilage. Vertical fracture noted on the midline of thyoid cartilage with surrounding tissue found contused. Hyoid bone intact.

On dissection of Scalp, Skull and dural sub scalpal contusion 8 x 4 cm noted over mid frontal region and 6 x 4 cm noted over left occipital region and 5 x 4 cm noted over right occipital region. Brain matter found pasty with bloodstains noted over superficial surface of both occipital lobes.

OTHER FINDINGS

- Peritoneal & Pleural cavities: empty.

- Larynx and Trachea: cut section -mucosa

decomposed.

- Heart: Flabby, cut se