The judgment underscores the importance of conclusive evidence in cases based on circumstantial evidence and the need for corroboration in extra-judicial confessions.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 [Act 2 of 1974] praying to call for the records and set aside the Judgment and Sentence passed in S.C.No.126 of 2018 dated 29.09.2021 by the learned Fast Track Mahila Judge, Ramanathapuram.)

R. Sakthivel, J.

1. This Criminal Appeal is preferred by the Appellants/Accused assailing the Judgment dated 29.09.2021 passed by the Fast Track Mahila Court, Ramanathapuram [for the sake of convenience and clarity, hereinafter referred to as 'Trial Court'] in Sessions Case No.126 of 2018 in which the Appellants [for the sake of convenience and clarity, hereinafter 'Appellants' are called 'Accused' as described before and by the Trial Court] were convicted as follows:-

Accused

Provision underwhich convicted

Sentence

Accused No.1

Section 302 of IPC

To undergo Rigorous Imprisonment for Life and a fine of Rs.1000/-, in default of payment of fine, further undergo Simple Imprisonment for 1 year.

Section 201 of IPC

To undergo Rigorous Imprisonment for 2 years and a fine of Rs.1000/-, in default of payment of fine, further undergo Simple Imprisonment for 6 months.

Accused No.2

Section 201 of IPC

To undergo Rigorous Imprisonment for 2 years and a fine of Rs.1000/-, in default of payment of fine, further undergo Simple Imprisonment for 6 months.

Accused No.3

Section 201 of IPC

To undergo Rigorous Imprisonment for 2 years and a fine of Rs.1000/-, in default of payment of fine, further undergo Simple Imprisonment for 6 months.

Note:- The substantial period of sentences was ordered to run concurrently. Theperiod of imprisonment, if any already undergone, was ordered to be set off

under Section 428 of Cr.P.C.

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

2.1. Accused No.2 is the son of Accused No.1 and Accused No.3 is the brother-in-law of Accused No.2. Accused No.2 was born through the first wife of Accused No.1. The first wife of Accused No.1 passed away 15 years ago. Then, Accused No.1 married one Kanaga as his second wife. She lived estranged from her husband and their two children. Out of the marriage between Accused No.1 and Kanaga, a female child was born. Accused No.1 had Brick Kiln Unit on his land and lived with Kanaga in the Brick Kiln Unit. Later, Accused No.1 suspected her fidelity, due to which, a frequent quarrel arose between them. Hence, Accused No.1 decided to kill her.

2.2. On 24.07.2017, at about 11 a.m., when Kanaga was lying down in the hut, Accused No.1 with an intention to kill her entered the hut and caused injury on her head, back and rib by using wooden log. Kanaga went unconscious. Immediately, Accused No.1 called Accused No.2 and asked him to admit her to the Government Hospital. Accused Nos.2 & 3 brought Kanaga in the Car of Accused No.3 and admitted her to the Government Hospital, Ramanathapuram for treatment by stating that she fell down from a motorcycle.

2.3. The next day, i.e. on 25.07.2017, Accused No.1 with an intention to kill Kanaga asked Accused No.2 to discharge the Kanaga from the Hospital. Accused Nos.2 and 3 went to the Hospital, discharged Kanaga against the medical advice and dropped her in the Omni Van of Accused No.3 in the Brick Kiln Unit at 01.00 p.m. Thereafter, Accused No.1 with an intention to kill Kanaga strangulated her neck by using his hands and her sacred thread and thereby killed her. Thereafter, Accused No.1 called Accused Nos.2 & 3 and informed them about the occurrence. Accused Nos.2 & 3 came to the scene of occurrence and hid the wooden log. Accused No.1 hid the blood stained pillow, bedsheet and sacred thread in a pit. They hastily brought the dead body of Kanaga (deceased) to a graveyard and tried to burn it.

2.4. In the meantime, Mr.Dharmaraj (P.W.1), Village Administrative Officer [for the sake of convenience and clarity, hereinafter referred to as 'VAO'] of Pullangudi Village received information about the incident. On suspicion, he filed a Compla