Circumstantial evidence and extrajudicial confessions require robust corroboration; lack of eyewitnesses and motive resulted in acquittal.

JUDGMENT :

P. DHANABAL, J.

1. Challenging the conviction and sentence rendered by the Fast Track Mahila Court, Virudhunagar District at Srivilliputhur in SC No. 24 of 2014 dated 09.12.2022, the present criminal appeal has been filed by the appellant.

2. The trial Court has convicted the appellant as follows:

3. The case of the prosecution is that the appellant had intimacy with the deceased Shanmugalakshmi and thereafter the said Shanmugalakshmi insisted the appellant to marry her and thereby inorder to commit murder of the deceased, on 07.03.2013 the appellant took the deceased in a two wheeler bearing Reg.No. TM 67 F 3493 saying that they are going to clan deity temple and dropped her near Gundar bridge in a bush area and thereafter he pushed her down and gagged her mouth and nose and at that time the juvenile Nagathangam and Rajaselvam were also present there and they caught hold the legs of the deceased and thereafter the appellant pressed the mud in the mouth of the deceased and the deceased died on the spot. Thereafter he had taken the jewels of the deceased.

3.1. P.W.1/Village Administrative Officer of the concerned village had after seeing the body of the deceased lodged complaint/Ex.P.1 before the respondent police. P.W.4 has registered a case in Crime No.74 of 2013 for the offence under Section 302 of IPC. Thereafter P.W.17 had taken over the investigation of the case and went to the place of occurrence and prepared observation mahazhar/Ex.P.2 and rought sketch/Ex.P.14 in the presence of the witnesses. On 10.03.2013 the doctor/PW.12 conducted autopsy on the body of the deceased and there was no relative to the deceased. After taking steps to identify the body of the deceased he was unable to identify the relatives of the deceased and thereby they disposed the body of the deceased. While so, on 04.04.2013 when the Village Administrative Officer/P.W.1 was on duty at about 9.30 am., the juvenile Nagathangam and Kandavel appeared before him and they stated that on 07.03.2013 one Senthil Kumar had taken the lady to the bushes area near to the Gundaru bridge while they were waiting near Thoottiyankulam bus stop, the appellant called them and they also arrived there. While they were going near Thiruchuli to Kamuthi road near Gundar bridge they pushed the said lady and stuffed the face of the deceased with mud. The juvenile Rajaselvam caught hold of the legs of the deceased and thereby the deceased died. Thereafter they have taken the anklet and purse of the deceased. The statement of the Nagathangam was recorded. Thereafter the said juvenile was handed over to the police. There after the appellant on 01.08.2013 appeared before PW.3 and gave an extra judicial confession statement/Ex.P.4 and thereafter he handed over the appellant along with the confession statement to the respondent police. Again he lodged complaint/Ex.P.5 and thereafter the appellant again gave a confession statement before the respondent police and based on the disclosure statement the police have recovered material objects 2 to 8 and arrested the appellant and remanded to judicial custody. P.W.17 examined witnesses, recorded statements, collected documents and filed final report as against the appellant for the offences under Sections 364, 302 and 404 r/w 34 of IPC.

3.2. On appearance of the accused, and compliance of Section 207 of Cr.P.C., finding that the case was exclusively triable by the Court of Sessions the learned Magistrate had committed the case to the Court of Sessions and it was made over to the Fast Track Mahila Court, Virudhunagar District at Srivilliputhur in S.C.No.24 of 2014 for trial

3.3. After receipt of case records, the trial Court has framed charges for the offence under Sections 364, 302 and 404