JUDGMENT :

V. Bharathidasan, J.

The appellant, a sole accused, in Special S.C.No.51 of 2017, on the file of the learned III Additional District and Sessions Judge (PCR), Madurai, stood charged and convicted for the offence under Section 302 I.P.C r/w 3(2)V) of SC/ST Act and Section 506(ii) I.P.C., ; for the offence under Section 302 I.P.C r/w 3(2)(V) of SC/ST Act, appellant sentenced to undergo Life Imprisonment and to pay a fine of Rs.5,000/-, in default to undergo one year Rigorous Imprisonment; for the offence under Section 506(ii) I.P.C., sentenced to undergo seven years Rigorous Imprisonment and to pay a fine of Rs.1,000/-, in default to undergo six months Simple Imprisonment. Both the sentences are ordered to be run concurrently. Challenging the aforesaid conviction and sentence, the appellant is before this Court with this Criminal Appeal.

2. The case of the prosecution in brief as follows:

The deceased one Nagajothi, is the wife of P.W.1 and sister of P.W.2. She was working as a Cashier in a Petrol Filling Station at Palamedu, Madurai. The deceased belongs to Hindu Scheduled Caste, Pallar, Community and the accused belongs to Backward Class, Saadhu Chettiyar Community. In the year 2005, P.W.1 got married to the deceased. It was a love marriage and they got two children to the wedlock. Subsequently, the deceased said to have developed illicit intimacy with the accused and a complaint had also been given by P.W.1 against the accused before Oomachikulam Police Station, where the accused appeared and given undertaking that, he will not have any contact with the deceased in future and he will not harass her. Despite that undertaking, the accused started harassing the deceased. In the above circumstances, P.W.1/husband of the deceased used to drop the deceased to the Petrol Filling Station daily. On 16.10.2016, P.W.1 dropped the deceased in the work place. Thereafter, he took another two wheeler, a TVS Scooty Pep, bearing Registration No.TN 59 AA 4125, from one Marudhupandi and handed over the same to the deceased, and at about 7.00 p.m., both P.Ws.1 and 2, went to the Petrol Pump where the deceased was working to take her back. While returning back, the deceased was riding a two wheeler TVS Scooty Pep and both P.Ws.1 and 2 followed her in another two-wheeler, in Alanganallur-Palamedu main road. At about 7.15 p.m., while they were nearing a Shampoo Factory, the accused came in a two wheeler, overtook P.Ws.1 and 2, and attacked the deceased with knife and dashed against the vehicle of the deceased. While the deceased fell down, again he stabbed her in the hip and silted her throat. When P.Ws.1 and 2 tried to prevent him, he criminally intimidated him and escaped from the scene of occurrence. Immediately, they called an Ambulance and took her to Vadipatti Government Hospital, where she was declared dead. Thereafter, P.W.1, went the respondent police and lodged a complaint at about 10.30 p.m.

3. P.W.15, the Inspector of Police, Alanganallur Police Station, received the complaint and registered the F.I.R(Ex.P12) in Crime No.451 of 2016 for the offence under Sections 302, 506(ii) I.P.C r/w Section 3(2) (V) of SC/ST Act and sent the F.I.R to the concerned Judicial Magistrate Court and also sent the copy of the F.I.R to the Deputy Superintendent of Police, Samayanallur for further investigation.

4. P.W.16, the Deputy Superintendent of Police, Samayanallur, on receipt of the First Information Report, commenced the investigation and visited the place of occurrence at about 12.30 a.m., and prepared Observation Mahazar (Ex.P.2) and Rough Sketch (Ex.P.14) and collected bloodstained soil(M.O.12), ordinary soil(M.O.13) in the presence of witnesses and also recovered a two-wheeler Scooty Pep vehicle bearing Registration No.TN 59 AA 4125 (M.O.10), and another two-wheeler, Bajaj CT-100, bearing Registration No.TN 38 F 0356 (M.O.11) from the scene of occurrence. P.W.16 also recovered some material objects including a pouch (M.O.3), a dollar (M.O.6)