The court upheld the conviction for murder based on circumstantial evidence and testimonies indicating continuous domestic abuse, reaffirming that even without direct witnesses, enough evidence exists to establish guilt.

JUDGMENT :

M. Jothiraman, J.

This criminal appeal has been filed by the appellant / sole accused challenging the judgment of conviction and sentence dated 09.08.2017 made in S.C.No.130 of 2015 passed by the learned Sessions Judge, (Mahalir Needhi Mandram) Mahila Court, Coimbatore in and by which the appellant was convicted under Section 302 IPC and sentenced to undergo Life Imprisonment and to pay a fine of Rs.5,000/-, in default to undergo 3 months rigorous imprisonment.

2. Brief case of the prosecution is as follows:

2.1. The accused is the younger brother of PW1. PW1 is the mother of the deceased Revathy. The marriage between the deceased and the accused was performed in the year 2007 and after marriage, they were residing in Pollachi, along with their son, aged about 4 years. The deceased used to inform PW1 over phone that the accused is not giving money even for food and that the accused is beating and harassing daily in drunken mood. PW1 used to visit the house of the deceased and give money for family expenses and pacify the deceased.

2.2. On 14.02.2015 at 7.00 p.m., the deceased contacted PW1 over phone and informed about Mariyamman temple festival and asked PW1 that she would come to perform the votive offering of Fire Pot holding and she would be in fasting. On the next day, one Arumugam – PW6 informed PW1 that her daughter Revathy is not feeling well and she was in serious condition. Immediately, PW1 rushed to the house of the deceased and found that her daughter Revathy died. When PW1 enquired, neighbours informed that the accused forcibly took the deceased inside the house. The neighbours also informed that the accused started abusing the deceased and started beating and when they intervened and asked the accused why he was quarreling with his wife, the accused told them not to interfere with their family affairs.

2.3. PW1 lodged a complaint before PW15 – Tmt.Radha, Sub Inspector of Police. PW2 is the elder brother of the deceased and son of PW1. The deceased also used to tell about the harassment committed by the accused on her to PW2. PW2 also deposed in the similar version of PW1.

2.4. PW3 – Tr.Velliyangiri, PW4- Tr.Krishna, PW9- Tr.Nachimuthu and PW12- Bannari are the neighbours of the accused and they have deposed that on 15.02.2015 at about 9.00 p.m., they were standing near the house of the accused and chatting together. While so, the deceased was standing outside of her house and talking over cellphone. The accused, who was drunk, came out of his house, abused the deceased and started beating her. They have intervened and asked the accused why he was quarreling, for which the accused told them not to interfere with the family dispute. The accused caught hold of deceased hair, forcibly took the deceased inside the house and thereafter, they all returned back to their houses respectively. Further they deposed that, they were under the impression as if it is an usual quarrel between the deceased and the accused.

2.5. PW7- Annadurai is the husband of PW8 – Tmt.Subbulakshmi, who is the sister of the accused and they deposed that on 15.02.2015 at about 11.30 p.m., the accused came to their house and informed that his wife was not feeling well and requested them to come and see his wife. Immediately they went inside the accused house and found that the deceased was lying dead. They informed to PW6- Arumugham immediately to convey the same to PW1.

2.6. PW6 informed the same to PW1 over phone about the death of PW1’s daughter. Thereafter, PW1 and PW2, who were residing at Trichy, immediately rushed to Pollachi and went to the acc