JUDGMENT :

(Judgment of the Court was made by the Hon'ble P.DHANABAL, J.

This Criminal Appeal has been preferred by the appellant as against the judgment of conviction passed in SC No.183 of 2011 by the Fast Track Mahila Court, Virudhunagar District at Srivilliputhur, dated 23/10/2020, wherein the Trial Court has convicted the appellant/accused for the offences under Sections 449 and 302 IPC.

2.The case of the prosecution is that the de-facto complainant is the son of the deceased Saroja. The accused was residing on the eastern side of the deceased Saroja's house. There was a dispute between the accused and the deceased Saroja with respect to drainage water problem. Very often, the accused used to pick up quarrel with the deceased Saroja, while fetching water in the public tap. Due to the said dispute, the accused threatened the deceased Saroja with dire consequences. Due to the said enmity, on 05/05/2011 at about 01.30 a.m, the accused along with his friend Stephen came in an auto bearing registration No.TN-67-AV-2971 to Ganapathysundaranatchiyarpuram and trespassed into the house of the deceased Saroja and assaulted the said Saroja with billhook. When the same was prevented by her, her right hand got severed till right wrist. Further, the accused repeatedly hacked the said Saroja on her neck and face. Due to it, she died on the spot.

3.Thereafter, the de-facto complainant, who is the son of the deceased Saroja, lodged a complaint before the respondent Police. Based on the complaint (Ex.P1), the respondent Police registered a FIR (Ex.P8) in Crime No. 98 of 2011 for the offence punishable under Sections 452 and 302 IPC. Thereafter, PW21-T.Jayakumar, Investigating Officer, went to the place of the occurrence and prepared observation mahazar (Ex.P2) and rough sketch (Ex.P9) in the presence of the witnesses namely PW14 and one Gurusamy and thereafter, he seized the bloodstained earth (MO1) and ordinary earth (MO2) under a mahazar (ExP3) in the presence of the same witnesses and also he conducted inquest on the body of the deceased and prepared the inquest report (Ex.P10) and thereafter, he taken steps for postmortem on the body of the deceased. Thereafter, he examined the witnesses and recorded their statements and also collected documents. On 07/05/2011 at 12.00 hours, he arrested the accused at Thoppu near Sundaranatchiyapuram Temple in the presence of the witnesses namely PW15-Tr.Vairamuthu, Village Administrative Officer and one Ramaiah and recorded the confession statement of the accused and based on the disclosure statement, he recovered the billhook (MO4) through a mahazar (Ex.P5). Thereafter, the accused was remanded to judicial custody. Thereafter, the Investigating Officer examined the witnesses and recorded their statements and finally, he filed the charge sheet as against the accused under Sections 449 and 302 IPC.

4.After filing the charge sheet, the case was committed to the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur, and in turn, the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur, made over the case to the Fast Track Mahila Court, Virudhunagar District at Srivilliputhur, in SC No.183 of 2011. Thereafter, the Trial Court, after hearing both sides, framed charges under Sections 449 and 302 IPC as against the accused. The charges framed against the accused/appellant, were read over and explained to him and he denied the charges. Thereby, the prosecution examined the witnesses PW1 to PW27 and marked documents Exs.P1 to P11, besides produced the material objects MO1 to MO4. After completion of prosecution side evidences, the accused was examined under Section 313(1)(b) Cr.P.C, with regard to the incriminating evidence adduced against him and the same was also denied by the accused and no witness was examined and no document was marked on the defence side.

5.After hearing both sides and considering oral and documentary evidence adduced on either side, the Tria