Credible eyewitness testimony outweighs medical records in determining guilt when established beyond reasonable doubt.

JUDGMENT :

N. ANAND VENKATESH, J. 

The sole accused has assailed the judgment passed in SC No.20/2021 dated 31.07.2023 on the file of the Fast Track Mahalir Court (Mahalir Neethimandram), Ramanathapuram, wherein, the accused person was convicted and sentenced in the following manner:

The sentences were ordered to run concurrently.

2. The case of the prosecution is that the accused belongs to Panaikudi Village, Virudhunagar District and he was married to the deceased Pon Irul, who is a resident of Peerkankurichi, Paramakudi Taluk, Ramanathapuram District. They were blessed with four children. Dispute arose between the husband and wife since the accused person started suspecting the loyalty and chastity of the deceased. In view of the same, the deceased came to her parents house at Peerkankurichi along with her children. The further case of the prosecution is that the accused person used to make visits to see his wife and children.

2.1. On 24.11.2017, at about 8.50 a.m., when the deceased was going along with her parents to Parthibanur Hospital through Pidariseri, the accused person was standing in the property belonging to one Shankar, S/o.Alagar in Unduthi Village. The accused person called the deceased and hence, the deceased went towards the accused person asking her parents to wait. At that time, the accused person is said to have pulled the deceased and slit her throat with knife and also cut the right ear of the deceased. 2.2. PW1 and PW2, on seeing this incident, started running towards the scene of crime and the accused ran away on the northern side. With the help of others, they arranged for an ambulance and the deceased was taken to Paramakudi Government Hospital. PW8, who is the Doctor attended the deceased and prepared the Accident Register (Ex.P9). Considering the serious health condition of the deceased, she was referred to the Government Rajaji Hospital, Madurai. However, on the way, the deceased succumbed to the injuries. Hence, the deceased was taken back to Paramakudi Government Hospital.

2.3. PW10, Inspector of Police, received the intimation from Paramakudi Government Hospital at about 11.20 a.m. on 24.11.2017 and he went to the hospital around 12 noon. He recorded the statement of the mother of the deceased (PW1) and prepared the complaint (Ex.P1). He came back to the police station and registered an FIR (EX.P14) in Crime No.320/2017 for offence under Section 302 IPC.

2.4. PW10 took up the investigation and he went to the Paramakudi Government Hospital at about 2 p.m., on the same day and conducted inquest on the body of the deceased in the presence of Panchayatdars and inquest report (Ex.P15) was prepared. Thereafter, the investigating officer requested the Woman Constable to take the deceased for postmortem. The postmortem was conducted by PW8 and in the postmortem report (Ex.P10), the following injuries were recorded:

“External Examination: Thin built body of female aged about 30-35 years lying on its back with rigor mortis present all over the body.

Neck – clear cut injury (lacerated injury) size of about 10 x 15cm x 4 cm size anterior aspect of neck region with blood clots seen. Exposing the trachea and major, minor small blood vessels with clots seen. Tongue pallor, conjunctiva pallor in appearance. Torn ear lobules with blood clots ® ear.

Internal Examination: Skull vault intact. Brain intact concussions and pallor seen.

Lungs: Pallor in appearance Trachea: Open to air size is of about 4 x 4 x 4 cm deepens with blood clots seen. Hyoid bone also injured and broken into pieces.

Death could have occurred about 6 to 8 hours prior t