The central legal point established in the judgment is the requirement for the prosecution to establish the case beyond a reasonable doubt, especially in cases involving witness testimonies from close relatives and the recovery of material objects. The principle of 'benefit of doubt' was applied in favor of the accused.

JUDGMENT :

B. PUGALENDHI, J.

Prayer: Appeal filed under Section 374 of the Code of Criminal Procedure, to call for the entire records connected to the judgment in S.C. No. 120 of 2015 on the file of the 3rd Additional District and Sessions Court, Tirunelveli, dated 06.02.2016 and set aside the conviction and sentence imposed against the appellant.

1. The sole accused in S.C. No. 120 of 2015 on the file of the learned III Additional District and Sessions Judge, Tirunelveli, is the appellant herein. He was charged for the offence punishable under Sections 294(b) and 302 IPC and the trial Court, in conclusion of the trial, though acquitted him of the offence under Section 294(b) IPC, has found him guilty of the offence under Section 302 IPC, convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/- failing which, to undergo rigorous imprisonment for three months. Aggrieved over the conviction and sentence, the accused/appellant has preferred the instant criminal appeal.

2. The brief facts of the case, as projected by the prosecution, in a nutshell, are as follows:

2.1. PW-1, Tmt. Sornam, is the wife of the deceased, Maharajan. The deceased has two sisters and two brothers, of which, three have already died. The accused, Mayandi, is the nephew of the deceased. The deceased and PW-1 have three daughters and all of them got married. Since all the daughters of the deceased got married, the accused is said to have demanded the properties from the deceased, which was turned down by the deceased. Therefore, the accused developed motive as against him. On 27.02.2014, in the evening hours, the deceased asked PW-1 to get ready to go temple, on account of Sivarathri and thereafter, left for bazaar in his motorcycle. But, he did not return home and PW-1 received an information from Thalavaipuram that her husband was assaulted and was lying in the ground. PW-1 went to the occurrence place, where she found her husband in a pool of blood.

2.2. PW-2, Thiru Murugan, resides in Nambithalaivan Pattiyam. On 27.02.2014, at about 05.45 p.m. when he was having Tea in Subbiah Nadar's [PW-3] Tea Stall, he heard a noise and witnessed the deceased in a pool of blood. He attempted to inform the same to PW-1, but, she did not attend the call. PW-4, Thiru Arul Rajapandian, is the sonin- law of the deceased and PW-1. On 26.02.2014, he was in his father-in-law's house for Sivarathri function. On 27.02.2014, at about 05.50 pm, when he was having Tea in PW-3's Tea Stall, the deceased came there in his motorcycle and was having a chat with one Murugan [PW-2]. At that time, the accused came there in a motorcycle, bearing registration No. TN-72-B-8853 and abused the deceased in filthy words, took an Aruval [MO1] and caused several cut injuries. When the persons nearby came for rescue, he flew away from the place of occurrence in his motorcycle. He informed the incident to his mother-in-law [PW-1]. PW-5, Thiru Chithirai, is also at the place of occurrence at the relevant point of time and also witnessed the occurrence. PW-6, Thiru Kombiah Thevar, though treated as a hostile witness, admitted the place of occurrence and he witnessed the accused fled away from the scene of occurrence in his motorcycle, when he was on his way to PW-3's Tea Stall.

2.3. PW-1, along with PWs. 4 to 6, took the deceased to the Government Hospital, Palayamkottai, where he was declared brought dead. PW-1, thereafter, went to Thirukurungudi Police Station and lodged the complaint [Ex.P1] before the Sub-Inspector of Police [PW-13], on 27.02.2014 at about 09.00 pm. Based on the complaint lodged by PW-1, PW-13 registered a case in Crime No. 26 of 2014 for the offence under Section 302 IPC. The printed First Information Report is marked as Ex.P12. PW-14, the Constable, delivered the express First Information Report to the Judicial Magistrate, Nanguneri, on 27.02.2014 at about 11.10 pm.

2.4. Tmt. Nagakumari [PW-18], Inspector of Police, on receipt of the intimation about the regis