The court upheld the conviction for murder, emphasizing the reliance on credible eyewitness testimony to establish guilt beyond reasonable doubt.

JUDGMENT :

P.DHANABA, J.

Challenging the conviction and sentence rendered by the learned Sessions Judge, Mahalir Neethimandram, Madurai in S.C.No.100 of 2015 dated 08.06.2022 , the present criminal appeal has been filed by the appellant.

2. There are totally two accused in this case. The appellant herein is the first accused and his sister namely Meena is the second accused. The trial Court convicted the first accused for the offence under Section 302 of IPC and sentenced to undergo life imprisonment and also to pay a fine of Rs.1000/- indefault to undergo one year simple imprisonment. A1 is also convicted for the offences under Sections 449 and 506(i) of IPC and sentenced to undergo five years rigorous imprisonment each and also to pay a fine of Rs.1000/- in default to undergo one year simple imprisonment for each offence. The trial Court has acquitted the second accused for the offence under Section 302r/w.109 of IPC.

3. The case of the prosecution is that A1 and A2 are brothers and sister. The deceased is the relative of A1. A2 is widow and her female child was taken care by her co-sister/P.W.1 who is the mother of the victim residing at Usilampatti. Quite often A2 went to the house of the defacto complainant to see her daughter at that time A1 also used to accompany with A2 to visit the house of the deceased. During such visit A1 met the deceased who was working as a nurse in the private hospital, thereafter the first accused fell in love with the deceased and also he conveyed the same to the second accused and also requested the mother of the deceased for the marriage of her daughter. Since the first accused is not fully educated and the deceased was working as a nurse her mother had not consented for marriage. While so on 12.12.2024 A2 visited the house of the deceased and she went to the school to take her daughter, at that time, when the deceased was alone in her house, A1 came to the house of the deceased and attacked her with knife on her neck, right shoulder and hands. After seeing the occurrence, P.W. 1 to 4 assembled in the place of occurrence and tried to rescue but the first accused threatened all the witnesses with knife, thereafter some body called the police and the police arrived at the place of occurrence.

3.1. P.W.1 lodged a complaint/Ex.P.1 and based on the complaint, P.W.14 registered First Information Report/Ex.P.10 in Crime No.439 of 2014 and thereafter the investigation officer/PW.16 took up the case for investigation, and he went to the place of occurrence and prepared observation mahazhar/Ex.P.2 and rough sketch/Ex.P.12 and thereafter he conducted inquest on the body of the deceased and prepared inquest report/Ex.P.13 and thereafter the second accused was arrested and remanded to judicial custody. On 14.12.2014 arrested the first accused who was taking treatment for the injuries sustained by him at Government Rajaji Hospital, Madurai at about 1.00 pm., Thereafter he recorded the confession statement of the first accused and based on the confession statement he seized T.shirt and jeans /M.O.7 & 8 of the first accused and thereafter the first accused was remanded to judicial custody and he also sent the material objects for chemical analysis and he examined witnesses, collected materials and recorded statement of the witnesses. after completion of investigation the P.W.16 filed final report as against the 1^st accused for the offences under Sections 302, 506(ii) of IPC and Section 302 r/w 109 of IPC, as against the 2^nd accused.

3.2. On appearance of the accused, and compliance of Section207 of Cr.P.C., finding that the case was exclusively tria