JUDGMENT

(Prayer: Criminal Appeal filed under Section 389 (1) of the Criminal Procedure Code against the Judgment dated 02.04.2018 passed in S.C. No. 226 of 2014 on the file of the Mahalir Neethimandram, Sessions Court, Chengalpattu.)

R. Subbiah, J.

1. The appellant herein is the sole accused in S.C. No. 226 of 2014 on the file of the Mahalir Neethimandram, Sessions Court, Chengalpattu. He stood convicted for the offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.10,000/- failing which to undergo six months simple imprisonment. Assailing the Judgment of conviction passed by the trial Court, the present Criminal Appeal is filed.

2. The case of the prosecution, as putforth before the trial court, is succinctly narrated hereunder.

3. The deceased in this case is Suseela, who is the wife of PW1. PW2 in this case is the brother of the deceased Suseela and brother-in-law of PW1. On 15.10.2013, at about 15.00 hours, just after finishing her lunch along with PW1 and PW2, the deceased engaged herself in cutting the grass near Nellikai Well adjacent to the land of one Kistappa Naicker. It is alleged that at that time, the accused demanded the deceased to have sexual intercourse with him, but it was refused by the deceased. Enraged by such refusal of the deceased, the accused cut the deceased with a knife on her left hand, back, neck and other vital parts of her body, with the result, the deceased fell to the ground in a pool of blood. According to PW1 and PW2, they have witnessed the incident from a distance of about 300 meters where they were taking tender coconut and immediately, they rushed towards the deceased only to see that the deceased had succumbed to the injuries. Immediately, PW1 went to the police Station and lodged a complaint, Ex.P1 at about 5.00 pm. The complaint was given by PW1 specifically pointing out that at the time of occurrence, even though he saw the accused causing cut injuries on his wife, he could not proceed towards her immediately since he was handicapped with his disabled legs. It was further stated that even though PW2 rushed towards the deceased, the accused had fled away from the scene of occurrence, by then. On the basis of the complaint, Ex.P1, PW13, Sub-Inspector of Police, Cheyyur Police Station, registered a case in Crime No. 512 of 2013 for the offence punishable under Section 302 of IPC against the appellant/accused. Ex.P17 is the First Information Report, which was forwarded to the Court as well as higher police officials.

4. It is the further case of prosecution that when the complaint was forwarded to PW16, Inspector of Police, he directed PW13, the Sub Inspector of Police, Cheyyur Police Station to proceed to the scene of occurrence. Accordingly, PW13 along with Mahendran, Head Constable, PW14 proceeded to the scene of occurrence and arranged for taking photographs. Thereafter, he handed over the dead body to PW14, Head Constable with a request to keep the dead body in the mortuary of Chengalpet Government Hospital.

5. PW16 is the investigation officer in this case. He, on receipt of the first information report, proceeded to the scene of occurrence in the early morning of 16.10.2013 at 6.00 am. The scene of occurrence was identified by Premkumar, Sub-Inspector of Police, PW13. After reaching the scene of occurrence, PW16 prepared an observation mahazar, Ex.P20 and rough sketch, Ex.P21 in the presence of witnesses Balaji, PW5 and one Venkatesan. He has also collected blood stained soil and grass and ordinary soil as well as grass in the presence of the same witnesses. PW16 also recovered MO6, Aruval which would be used for cutting grass, from the scene of occurrence and they were sent to the forensic department for examination. Thereafter, PW16 proceeded to the mortuary of Chengalpattu Government Hospital where the dead body of the deceased was kept. He conducted inquest over the dead body in the presence of Panchayatars. Ex.P22 is the inquest repor