JUDGMENT :

(Prayer: Appeal filed under Section 374 of Cr.P.C., to call for the entire records connected to the judgment in S.C.No.89 of 1995, on the file of the II Additional Sessions Judge, Tirunelveli, dated 20.11.1996, and set aside the conviction and sentence imposed against the appellant.)

1. The appeal is filed by the sole accused, who was found guilty by the trial Court of the charge under Sections 376 and 302 of I.P.C.

2. The trial Court sentenced him to undergo 10 years rigorous imprisonment for the offence under Section 376 of I.P.C. and life imprisonment for the offence under Section 302 of I.P.C. The period of sentence was ordered to run concurrently.

3. The case of the prosecution is that, on 24.01.1994 at 12.00 a.m. near Mottai Dam, Kuttisamy Field, 8 Kilometers away from Sengottai, the appellant herein carried the deceased Nagoor Meeral to a secluded place, removed her dress and raped her. Further, he pushed her on the stone causing head injury leading to her death. Mymoon Beevi [P.W.1], who was present along with the deceased, Ismail Beevi and Fathima [P.W.2], collecting firewood in the forest, gave a complaint to the Sengottai Police on the next day at 08.00 hours, stating that when she along with Ismail Beevi, Fathima and Nagoor Meeral [deceased] after collecting firewood near Mottai Dam area, started climbing down. Near Kuttisamy Field, they unloaded the firewood and took some rest. At that time, the accused came there and helped them to lift the fire woods to their head. Firstly, he lifted the firewood load to the de-facto complainant [P.W.1] and then, to Ismail Beevi and thereafter to Fathima [P.W.2]. When they were coming down, they heard murmur sound from behind and saw the accused gaged her mouth and carrying the deceased Nagoor Meeral towards Murukkodai. She and other two ladies saw the accused removing the Saree of Nagoor Meeral tore her blouse and forcibly raped her. Nagoor Meeral raised alarm. Fearing danger, she [P.W.1] and others climb down and informed about the incident to one Mariappan [P.W.3], who was grazing the cattle and another person and they all went to Murukkodai and saw Nagoor Meeral lying naked and blood oozing from her private part. They saw injury on her face and breast. They asked one Raikon [P.W.4] to inform the Villagers and the son of Nagoor Meeral. Nagoor Meeral's son and others came to the spot and took her to Sengottai Hospital. Based on the above statement of Mymoon Beevi, a case was registered by the respondent Police in Crime No.62 of 1994 under Section 376 of I.P.C. on 25.01.1994 at 08.00 hours and investigation has been conducted.

3.1. Meanwhile, Nagoor Meeral who was taken to Sengottai Hospital on 24.01.1994 at 07.45 p.m. and was examined by the duty Doctor. The doctor found severe injury in her private part and referred her to Tenkasi Government Hospital. At Tenkasi Government Hospital, after examining her clinically, the Doctor referred her to Tirunelveli Medical College Hospital for further treatment.

3.2. The Police, who registered the case based on the complaint given by Mymoon Beevi [P.W.1], proceeded with investigation, prepared Observation Mahazar [Ex.P.3], Rough Sketch [Ex.P.12] and recovered blood stained clothes and stone, slippers of the deceased and other incriminating materials found at the scene of occurrence under the Mahazar.

3.3. On 28.01.1994 at 06.30 a.m., the accused was arrested and remanded to judicial custody. Nagoor Meeral died on 01.02.1994 at the Hospital succumbing to the injuries. Hence, the case was altered to the offence under Sections 376 and 302 of I.P.C. On completion of investigation, a final report was filed before the Judicial Magistrate who in turn committed it to the Court of Session, the offence being exclusively triable by the Sessions Court. After serving documents relied by the prosecution, charges were framed against the accused under Sections 376 and 302 of I.P.C., for rape and murder of the deceased Nagoor Meeral.

4. The accused den