S. VIMALA, J.

1. There is a dividing line between may be true and must be true , which is represented by conjectures at one end of the spectrum and concrete conclusions on the other. Ignoring this dividing line, is it proper for the trial court to have awarded the death penalty, when the circumstantial evidence did not support the hypothesis that it is only this accused and this accused alone committed murder of the deceased, and when the evidence did not even signify that the hypothesis may be true , is it right for the trial court to award a death sentence, is the issue involved in this Appeal.

2. The Sessions Court, i.e., Fast Track Mahila Court, Thiruvannamalai, found the accused Manikandan guilty under Sections 364(A) and 302 IPC and in respect of the offence under Section 364(A) IPC, he was sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default, to undergo Rigorous Imprisonment for three months and for the offence punishable under Section 302 IPC, he was sentenced to death.

3. Submitting the entire records in S.C.No.102 of 2015 to this Court, the trial Court has referred the proceedings for confirmation of death sentence under Section 36