The court established that a one-sided love obsession, evidenced by eyewitness and medical testimony, suffices to support a murder conviction under applicable laws.

JUDGMENT

M.JOTHIRAMAN, J.

The sole accused in Crime No.547 of 2012 on the file of the respondent police, has filed this Criminal Appeal challenging the judgment of conviction and sentence dated 20.09.2018 in SC.No.254 of 2012 passed by the learned Mahila Court, Chennai, in and by which trial Court has convicted and sentenced him as under:

2. The case of the prosecution in a nutshell are as follows:

2.1. PW1 is the mother of the deceased – Sangeetha. PW2 is the sister of the deceased. PW3 is the father of the deceased. PW1-Padma deposed that she has two daughters and the deceased was her elder daughter. The deceased was studying B.Sc., first year in Quaid-E-Millath College, Chennai. The deceased used to go to college at 7.00 a.m. and return by 2.00 p.m. Thereafter, she goes for a part time job at Born Baby Store, which is near her house and she would return home daily by 9.30 p.m.

2.2. The accused was residing in the upstairs of the building and was working in a nearby Biriyani shop. Whenever the deceased goes to upstairs to dry clothes, the accused used to talk to her. He told her that he was in love with her and wanted to marry her. The deceased told PW1, her mother and she also told that the accused was threatening her sometimes. PW1 also warned the accused. Even thereafter, the deceased told that the accused continued to follow her by calling her through cellphone. Again PW1 warned the accused.

2.3. On 17.02.2012, when the deceased went to college and returned by 2.00 p.m., she went to her part time job. PW1 and her husband /PW3 and PW2 / younger sister of the deceased were talking by standing at the tailoring shop of PW3 and they expecting the arrival of deceased from the shop. When the deceased was returning from the shop and coming near her house, the accused appeared all of a sudden, pulled her hair, abused her in filthy language and stabbed her with knife – M.O.1 over her left chest and also on her neck. While doing so, the accused told that she should die as she was not available for him. PW1 and others rushed to rescue the deceased from the hands of the accused, but the accused threatened them that he would stab them also and then he ran away immediately from the place of occurrence.

2.4. PW1, PW3 and one Panneerselvam took the deceased to a nearby private hospital, namely BRS hospital and after 45 minutes, hospital authorities told that the deceased died due to succumbed to injuries. Immediately, they went to the police station and lodged a complaint- Ex.P1.

2.5. PW13- Dr.Gunanithi who examined the victim at BRS Hospital, Nungambakkam, deposed that on 17.02.2012 at about 9.45 p.m., the victim was brought to the hospital. PW13 found that the deceased was gasping and was dying. As the deceased was not in a position to talk, the doctor enquired the mother of the victim / PW1 and came to know from her that the deceased was stabbed by a known person. Life saving measures were taken by the doctor, but the deceased died due to injuries. PW13 issued Accident Register – Ex.P8 and Death Report- Ex.P9.

2.6. PW17, then Inspector of Police deposed that based on the complaint lodged by PW1 on 17.02.2012, he registered a case in Crime No.547/2012 for the offences under Sections 3