JUDGMENT :

V. BHARATHIDASAN, J.

1. The reference in R.T. (MD) No. 1 of 2021, is made by the learned Additional District and Sessions Judge, (Fast Track Court), Theni, under Section 366 Cr.P.C. seeking confirmation of capital punishment imposed on the accused. Crl. Appeal (MD) No. 57 of 2021, is filed by the accused challenging the conviction and sentence imposed on him and both the matters are heard together and disposed of with this common Judgment.

2. The appellant is the sole accused, in S.C. No. 81 of 2016, on file of the learned Additional District and Sessions Judge, (Fast Track Court), Theni. He stood charged for the offences under Sections 302 and 316 I.P.C. The trial Court convicted the accused on both the charges and sentenced him to undergo death sentence and to pay a fine of Rs. 1,000/- for the offence under Section 302 I.P.C. and sentenced him to undergo ten years Rigorous Imprisonment and to pay a fine of Rs. 10,000/- in default to undergo two years Simple Imprisonment for the offence under Section 316 I.P.C. The trial Court made the reference to this court seeking confirmation of death sentence, and the appellant challenging the conviction and sentence, filed the appeal.

3. The case of the prosecution in brief is as follows:

The deceased in this case, Karpagavalli, is the wife of the accused. PW-1 is the father of the deceased and PW-11 is her mother. The accused and deceased were married five years prior to the occurrence, they were blessed with two children and at the time of occurrence, the deceased was six months pregnant. Suspecting the fidelity of the deceased, the accused harassed her. Earlier, a complaint has been filed by the wife alleging harassment before the Deputy Superintendent of Police, Bodinayakanur; the same was enquired and the police advised the accused and closed the complaint. On 21.07.2015, at about 3.30 p.m. there was a quarrel, in which, the accused attacked the deceased in the stomach and private part of the deceased, strangulated her with her Mangala Suthra thread and the deceased became unconscious. Then accused himself took her to the Chinnamanur Government Hospital and falsely informed the doctor that, she attempted to commit suicide by hanging. PW-10, Doctor, on examination, found her unconscious, found ligature mark measuring 3x2cm in the neck and the private part swollen with bleeding. After giving the first aid, PW-10, referred her to Theni Government Medical College Hospital and issued Accident Register (Ex.P.6), where she was admitted and given treatment. On the next day, on 22.07.2015, at about 10.20 a.m. the deceased succumbed to the injuries, PW-9, a doctor, working in the said hospital declared her death, sent death intimation (Ex.P5) to the respondent police and sent the body to mortuary for postmortem/autopsy. In the mean time, PW-1, along with his relatives went to the hospital, suspecting foul play in the death of the deceased, went to the respondent police station and filed a complaint (Ex.P.1).

4. PW-17, the Sub-Inspector of Police, attached to respondent Police Station, on receipt of the complaint, registered a criminal case in Crime No. 533 of 2015, under Section 174(3) Cr.P.C. sent the First Information Report (Ex.P.9) to the Revenue Divisional Officer, Uthamapalayam and also sent copies to the higher officials.

5. PW-18, Revenue Divisional Officer, Periyakulam, conducted inquest on the dead body and prepared inquest report (Ex.P.10), he was of the opinion that, the accused harassed the deceased and it is a suspicious death.

6. PW-20, the Deputy Superintendent of Police, Bodi, on receipt of the First Information Report, commenced the investigation, visited the scene of occurrence, prepared Observation Mahazar (Ex.P.11) and Rough Sketch (Ex.P.12) and recorded the statement of witnesses. Based on the initial investigation and also the inquest report filed by PW-18, he altered the F.I.R. for the offence under Section 302 I.P.C. and filed the alteration report (Ex.P.13).

7. In