A conviction based on circumstantial evidence requires an unbroken chain of evidence, and the prosecution must prove guilt beyond reasonable doubt, not merely suggest the accused may be guilty.

JUDGMENT :

G.JAYACHANDRAN, R.POORNIMA, JJ.

The sole accused in S.C.No.101 of 2015 on the file of learned Sessions Judge, Fast Track Mahila Court, Ramanathapuram is the Appellant herein.

The case of the prosecution:

2. The accused Kaleeswaran and the deceased Pushpavalli got married in the year 2003. They were blessed with two children. In the year 2010, the accused developed intimacy with a widow by name Muneeshwari and deserted his wife and child. He started living with Muneeswari at Erode. The deceased gave complaint to the Police and thereafter, the accused rejoined his wife. Subsequently, the second child born to them. However, there was frequent quarrel between the spouse. The accused continued his extra marital affair and used to torture the deceased. The deceased had reported to her parents about this and they used to pacify her. While so, after two days of staying away, the accused came home on 26.05.2012 at about 7.30 pm. The deceased questioned the accused for not coming to the home and both quarrelled for about half an hour. The accused in fit of anger and with intention to kill Pushpavalli for being an obstacle for his affair, took a firewood log and hit Pushpavalli on her head, left hand and right hand repeatedly. On hearing the scream of Pushpavalli, members living in the neighbouring house came and saw the accused coming out from the house running. When one of them by name Velu tried to hold the accused, he was threatened showing the firewood log.

3. On intimation from his relative, the father of the deceased went to his daughter’s house at Sivagnanapuram and saw his daughter’s body with injuries. After knowing that his daughter was fatally attacked by the accused, he went to the Kenikarai Police Station and gave a written complaint. On receipt of the complaint on 26.05.2012 at 21.30 hrs, FIR registered under Section 302 IPC in Crime No.270 of 2012. A copy of the printed FIR was forwarded to the Jurisdiction Magistrate who received it at 11.30 pm on the same day.

4. Mr.Soundrapandian, Inspector of Police holding additional charge of Kenikarai Police Station, took up the investigation. He recorded statements of witness, prepared observation mahazar, rough sketch and conducted inquest. He recovered blood stained soil from the scene of crime. On 27.05.2012 at about 4.00 pm arrested the accused and on his confession recovered the blood stained wooden log near a palm tree lying in the vacant land of Thangaraj in the presence of Velusamy (VAO). The body of Pushpavalli was sent to Ramanathapuram Government Hospital through Pandi, Head Constable, for autopsy. Dr.Anandha Chokkalingam conducted post-mortem and opined that Pushpavalli died due to the injuries on her head.

5. On committal to the Court of Sessions, the accused was tried for the charges under Sections 302 and 506(i) IPC . The prosecution, to prove the charges, examined 18 witnesses, marked 12 exhibits and 6 Material Objects. The trial Court held the appellant/accused guilty of offence punishable under Section 302 IPC . Sentenced to undergo life imprisonment and to pay fine of Rs.2,000/-, in default, 3 months simple imprisonment. However, acquitted him for offence under Section 506(i) IPC . Being aggrieved by the above judgment of conviction and sentence dated 30.07.2019, the appeal is preferred.

6. The learned Counsel on record Mr.M.Sahul Hameed and the Amicus Curiae Mr.K.Prabu appointed by this Court to assist, appeared and made their submissions also submitted written notes of arguments. The learned Additional Public Prosecutor for the State, placed his submissions to sustain the judgment impugned.

7. This is a case of circumstantial evidence. The circumstances incriminating the accused are:-

a) The accused and the deceased were living under same roof. The deceased found dead with injuries on her head and limbs. The accused was seen coming out of the house carrying a blood stained firewood log.

b) On the information given by the accused in his confession statement, th