JUDGMENT :

P.N. Prakash, J.

This criminal appeal is directed against the judgment and order of conviction and sentence dated 06.04.2017 passed by the learned Sessions Judge, Magalir Neethimandram (Mahila Court), Coimbatore, in S.C.No.149 of 2015.

2. The prosecution story runs thus:

2.1. The appellant was married to Anushiyadevi (deceased) and they were blessed with a girl child, who was around 2 years old at the time of the incident. The appellant was running a saloon and the family was residing in a portion of the house bearing door no.21-A, Nehru Street, J.J.Nagar, Thudiyalur, which belonged to Ashokan [PW-2], who was residing in the same address, of course, in another portion.

2.2. The appellant was addicted to liquor, on account of which, there used to be frequent quarrels between the couple. While so, on 16.01.2015 (auspicious Pongal day), the appellant came drunk to his house around 2.30 a.m. and knocked the door. After a little while, his wife Anushiyadevi opened the door and when she questioned him as to why he had taken liquor even on the auspicious day, he quarrelled with her. As the altercation between them reached a certain level, the child started yelling. It is alleged that the appellant took his belt, whipped his wife and thereafter, strangulated her, on account of which, she died. On hearing the loud cries of the child, Ashokan [PW-2] and Nagarathinam [PW-3], a neighbour, came to the appellant's portion and through the window, Ashokan [PW-2] is said to have seen the occurrence. When Ashokan [PW-2] banged the door, the appellant opened it and ran away with the belt. Immediately, Ashokan [PW-2] informed the father of the appellant and father of Anushiyadevi over phone, after which the family members assembled there. 108 ambulance was summoned and the ambulance personnel examined the body of Anushiyadevi and declared that she was dead.

2.3. On a complaint scribed by Ashokan [PW-2] and given by Anbalagan [PW-1], father of Anushiyadevi, in his name, Miadit Mano [PW-11], Sub-Inspector of Police, registered a case in Thudiyalur P.S. Crime No.25/2015 on 16.01.2015 for an offence u/s.302 IPC against the appellant and prepared the printed First Information Report [Ex.P11], which reached the jurisdictional Magistrate at 12.30 noon on the same day, as could be seen from the endorsement thereon.

2.4. The investigation of the case was taken over by Saravanan [PW-12], Inspector of Police, who went to the place of occurrence and prepared the observation mahazar [Ex.P6] and rough sketch [Ex.P12] in the presence of witnesses Ravi [PW-9] and one Krishnasamy (not examined). The Investigating Officer [PW-12] conducted inquest over the body of Anushiyadevi and the inquest report was marked as Ex.P13. The body was sent to the Government Hospital, Coimbatore, for post-mortem, where Dr. Jeyasingh [PW-10] conducted autopsy and issued the post-mortem certificate [Ex.P8], wherein, he had noted as follows :

'The following ante mortem injuries noted over the body:

(1) Reddish abrasion 1x1 cm, 1x1 cm noted over back of right elbow, 1x1 cm noted over right knee, 1x1 cm noted over left side wrist and 1x1 cm noted over centre of upper lip.

(2) Multiple scratch marks of varying sizes and shapes noted over front and right side of the neck.

(3) A faint incomplete transverse ligature pressure abrasion mark measuring 22x3 to 4 cm noted on upper part of the neck in its front and side.

The anatomical landmarks of the ligature abrasion marks are

- 4 cm below to right ear lobe,

- 6 cm below to chin

- 4 cm below to left ear lobe

(4) Another deep incomplete transverse ligature pressure mark measuring 20x3 to 4 cm noted over lower part of the neck in its front and side. The lower margin 3 cm from the supra sternal notch.

On bloodless dissection of neck:- The base of ligature mark is intermediately bruised. Reddish contusion 6x4 cm noted over right side neck muscle and