This criminal appeal is preferred by the appellant/accused against the judgment of conviction and sentence passed by the learned Principal Sessions Judge, Puducherry, in Sessions Case No.38 of 2008 dated 09.09.2009.

2. The brief case of the appellant:

The case of the prosecution is that the deceased Gowri @ Prabhavathi was originally married to one Rajan and later on she deserted him and thereafter married the Appellant viz, Thomas @ Rajan and both were residing at Pillaiayar Koil Street, Venniesamy Nagar, G.H.N.Palayam, Villiyanur. The deceased Gowri @ Prabhavathi through her 1st husband gave birth to Jenifer @ Vimala (PW3) and through the Appellant the said deceased Gowri @ Peabhavathi had got one son namely Prabakaran. On the date of occurrence i.e. on 14.10.2005 the said Prabakaran was away at Madras and the accused had gone to attend his work and at that time after returning to her house, the said Gowri @ Prabhavathi had taken drinks in the evening and she was in an unconscious state lying on her bed. PW1 Daisi Rani is the younger sister of the deceased Gowri @ Prabavathi and PW2 Premanandh is the younger brother of the said Gowri @ Prabavathi and they were residing at nearby places. On the date of occurrence at about 6.00 pm, PW5 Jenifer @ Vimala went to the house of PW1 Daisi Rani and informed her about the state of her mother and asked her to come to her house and PW1 Daisi Rani came to the house of the deceased Gowri @ Prabavathi along with PW3 Jenifer @ Vimala. At about 8.00 pm both of them were sitting outside the house and at that time the accused is alleged to have returned from his work and asked them as to why they were sitting outside and for that she replied that the deceased Gowri @ Prabavathi was lying on her bed in the state of intoxication and that the appellant got angry regarding the state of the deceased Gowri @ Prabavathi and PW1 Daisi Rani is said to have pacified and informed the appellant that the matter would be discussed in the next day morning and thereafter she returned to her house and gave food for PW3 Jenifer @ Vimala and the accused from her house through PW3 Jenifer @ Vimala. The next day morning PW1 is said to have know that her sister deceased Gowri @ Prabavathi has expired and then she went to the house of the deceased Gowri @ Prabavathi and in the mean time after knowing the death of the deceased Gowri @ Prabavathi PW2 Premanandh came there and PW3 Jenifer @ Vimala is said to have informed them that in the night at about 10.00 pm there was a wordy quarrel between her mother and the Appellant and in that quarrel the said Gowri @ Prabavathi scolded the Appellant in filthy language and hence the appellant is alleged to have taken a firewood stick M.O.1 from the house and attacked the deceased Gowri @ Prabavathi repeatedly including on her head which is said to have cause bleeding injury to her and that when PW3 Jenifer @ Vimala intervened the appellant is alleged to have attacked her also, causing injury. Thereafter the deceased Gowri @ Prabavathi was lying on the bed and in the morning at about 04.00 am the appellant along with PW3 Jenifer @ Vimala tried to wake up the deceased Gowri @ Prabavathi from her bed and that they came to know that she was dead. Thereafter, at about 10.30 am on 15.10.2005 PW1 Daisi Rani accompanying with PW2 Premanandh went to Villianur Police Station and gave an oral complaint Exhibit P1 against the appellant for causing death of the said Gowri @ Prabavathi.

3. Based on the complaint Exhibit P1 PW 10 Sub Inspector of Police, Villianaur Police Station registered this case under section 304 of IPC and went to the occurrence place and noted the surroundings and at about 12.30 pm he prepared Observation Mahazar Exhibit P17 and rough sketch Exhibit P 18 in the presence of PW5 Thirumurugan and PW6 Natarajan and at about 01.45 p.m. he recovered one blood stained blanket M.O.2 one blood stained pillow M.O.3 and one blood stained gunny bag from the bed room of the h