The court confirmed the conviction under Section 302 IPC, establishing that the evidence of murder was beyond reasonable doubt and rejecting claims of sudden provocation.

JUDGMENT :

R.POORNIMA, J.

This Criminal Appeal is filed against the conviction and sentence passed against the appellant/Sole Accused in the judgment dated 30.03.2021 passed by the Sessions Judge, Fast Track Mahila Court, Ramanathapuram, in S.C.No.29 of 2016 by convicting and sentencing the appellant for the offence punishable under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life and to pay a sum of Rs.3,000/- in default, to undergo two years simple imprisonment.

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

(a) The complainant has two sons and a daughter. His wife's name is Lakshmi, aged about 55 years. His eldest son Kannusamy and daughter Sivagami got married. His daughter Sivagami separated from her husband and resides with the complainant along with his granddaughter Shanthini.

(b) Opposite to his house one Vijayaraman constructed a house and was residing there. The family of Vijayaraman and the family of the brother of his wife had enmity for a long time. Both Vijayaraman and his son Marudhu Pandi, viz., the accused had previous enmity with the complainant and his family. They had often engaged in verbal quarrels with them.

(c) On 27.04.2014, he and his two sons went to his field, and his wife Lakshmi and granddaughter Shanthini were staying in his house. He was returning from the field, to his house and when he neared the house at 3.30 p.m., he saw his wife was doing some work near the Eastern compound wall.

(d) At that time the accused came from the Northern side took the knife that was hidden at his hip and indiscriminately stabbed his wife on her back side of the neck. His granddaughter raised an alarm, and the complainant also raised a hue and cry and rushed to the spot. The occurrence was witnessed by Boolan, his wife Alagimeenal, and Silambayee. They were also raised hue and cry. He tried to catch the accused, but he fled away from the place of occurrence and absconded. Immediately after he returned and found his wife with injury on the back side of the neck and succumbed to her injuries. Hence, the complaint.

(e) The complaint was received on 27.04.2014 at about 16.00 hours by the P.W.19 Ganesan, Sub Inspector of Police, Parthipanur Police Station and he had registered FIR in Crime No.61/2014 for the offence under Section 302 IPC. He had sent the original FIR to the Judicial Magistrate Court and a copy to the Inspector of Police for investigation.

(f) P.W.20 Thiru.Ganapathy, Inspector of Police, after receipt of the copy of the FIR, took the case for investigation and went to the place of occurrence at about 4.30 p.m., and prepared observation mahazar - Ex.P15, rough sketch – Ex.P16 in the presence of witnesses Karuppaiah, Ramachandran and examined both the witnesses and recorded their statements.

(g) Thereafter, he conducted inquest on the dead body of the deceased Lakshmi in the presence of panchayadhars Kamalahasan, Muniyandi, Ramasamy, Karuppaiah, Veerachamy between 4.30 p.m., and 6.30 p.m., and prepared inquest report Ex.P17.

(h) He had sent the dead body of the deceased Lakshmi for postmortem through P.W.15 Tmt. Thenmozhi, Women Constable Grade-I. He recovered the blood-stained earth – M.O.2, Ordinary earth – M.O.3 under a recovery mahazar – Ex.P18 in the presence of the witnesses Karuppaiah and Ramachandran.

(i) On 28.04.2014, he recovered the dresses worn by the deceased Lakshmi namely, violet colour blouse – M.O.4, yellow, white, light green striped rose colour saree – M.O.5, sky blue colour in skirt – M.O.6 in the presence of witnesses Jeyaraj and Archunan under a recovery mahazar – Ex.P19.

(j) After receiving secret information, on the same day at about 2.30 p.m., he arrested the accused near Parthipanur Sivan Temple in the presence of witnesses Anandakumar, Pandi and recorded his confession statement Ex.P.20. He recovered knife – M.O.1 under recovery mahazar – Ex.P21. Thereafter, he examined the witnesses. He sent the accused for remand. He also sent the material objects to the