JUDGMENT :

R. POORNIMA, J.

1. This Criminal Appeal is directed against the judgment of conviction and sentence dated 24.08.2021 passed by the learned Additional District and Sessions Judge (FTC), Tenkasi, in S.C. No. 286 of 2019, whereby the appellant was convicted for the offences punishable under Sections 302 and 201 IPC. The appellant seeks acquittal

2. The case of the prosecution, in brief, is as follows:

(a) The deceased, Sundari, was initially married to one Marriappan. Subsequently, she married the accused, and through the said wedlock, a male child was born, who was aged about five years at the time of the occurrence. The accused and the deceased were residing in a house belonging to one Meenakshi Ammal. The deceased was employed in the Corporation, and owing to the nature of her duties, she occasionally attended work during night hours.

(b) It is the prosecution case that the accused developed suspicion regarding the fidelity of the deceased, which frequently resulted in quarrels between them. Due to the strained relationship, the deceased temporarily left the matrimonial home and began residing with her parental family.

(c) Thereafter, the accused visited the parental home of the deceased and expressed his inability to live without his child. Upon his request, the complainant (PW1), along with other family members, sent the deceased back to the matrimonial home along with the child.

(d) On 10.11.2018 at about 11.45 a.m., P.W.1 received a phone call from the mobile phone of the deceased, wherein the caller, allegedly the accused, informed PW1 that the deceased had been absent from the house for three days due to an alleged affair with a third person. The caller further stated that he had killed Sundari and disposed of her body in the septic tank of a newly constructed structure near the house, and thereafter switched off the mobile phone.

(e) Immediately, P.W.1, along with P.W.2 and P.W.3, proceeded to the house of the accused and discovered the dead body of Sundari inside the septic tank. The legs of the deceased were found tied, and the body was wrapped in a bed sheet. The body was taken out, and P.W.1 lodged the complaint (Ex.P1).

(f) P.W.26, the Sub-Inspector of Police, Uthumalai Police Station, registered a case in Crime No.290 of 2018 for offences under Sections 302 and 201 IPC which was marked as (Ex.P18).

(g) P.W.27, the Inspector of Police, took up the investigation, visited the scene of occurrence, prepared the Observation Mahazar (Ex.P19) and Rough Sketch (Ex.P20), and recovered material objects under Ex.P21. Inquest was conducted, and the Inquest Report was marked as Ex.P22.

(h) On 12.11.2018, the accused was arrested, and pursuant to his confession statement, MO5 (Blue and White Checked Towel) was recovered. Upon completion of the investigation, the charge sheet was filed.

(i) P.W.21, Dr. Prasanna, conducted the postmortem and noted the following injuries:

1. Contusion over left eye

2. Contusions on left cheek, neck, and chest

3. Linear abrasion over left neck

4. Contusion of left-side neck muscles

The Doctor opined that the deceased died due to asphyxia as a result of compression of the neck (Ex.P12 Postmortem Report). The Viscera Report (Ex.P14) indicated absence of poison.

3. On receipt of the records, the Judicial Magistrate, Alangulam, took up the case in PRC No.41 of 2019 and issued summons to the accused. After the appearance of the accused, copies of the entire records were furnished to him free of cost under Section 207 Cr.P.C.

4. Since the offence is exclusively triable by a Court of Session, the learned Judicial Magistrate, committed the case records to the Principal District and Sessions Judge, Tirunelveli, under Section 209(A) Cr.P.C, for further action.

5. The Principal District and Sessions Judge, Tirunelveli, received the case records and numbered it as SC No.286 of 2019 and made it over to the Additional District and Sessions Judge (FTC), Tenkasi.

6. On receipt of the records, the learned Additional District