Circumstantial evidence must provide an unbroken chain of events pointing to guilt, excluding reasonable doubt, particularly where motive is absent.

JUDGMENT

K. V. Jayakumar, J.

This appeal, filed under Section 374 (2) of the Code of Criminal Procedure , is preferred by the sole accused in S.C. No. 594 of 2018 on the files of the Additional Sessions Judge-II, North Paravur, who was charged with having committed offences punishable under Sections 302 , 201, 324 and 326 of the Indian Penal Code .

2. By the judgment under challenge, the appellant was found guilty of the offences punishable under Section 302 IPC and was sentenced to undergo imprisonment for life and to pay a fine of ₹75,000/- with a default clause. He was also sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of ₹5,000/- with a default clause, for the offence punishable under Section 326 . The appellant was also sentenced to undergo rigorous imprisonment for two years under Section 324 .

Prosecution case:

3. The crux of the prosecution allegation is that, on 01.07.2015 at about 2 p.m., in the compound of Recca Valley Club, Kakkanad, the appellant, Perumal, had hacked on the neck of the deceased Jayalakshmi with a chopper and committed her murder. The prosecution further alleges that in order to destroy the evidence, the accused had hid the dead body of Jayalakshmi inside the bushes.

4. The prosecution further alleges that the accused and the deceased, Jayalakshmi, are hailing from Thiruvannamalai District, Tamil Nadu. The deceased Jayalakshmi is married and had three children. Her husband abandoned her. While the deceased was working in a shop, the accused and the deceased fell in deep love and the deceased eloped with the accused and came to Vazhakala in Kakkanad and stayed in the rented house of PW3, C.R. Murukan.

5. The police identified the body of the deceased Jayalakshmi only on the next day ie., 02.07.2015. After the incident, the accused absconded for about two years.

The Registration of FIR and the Investigation

6. On the basis of Ext.P1 FIS lodged by PW1, Shaji, PW16, K.K.Madhavan, registered Ext.P10 FIR under Section 174 of the Code of Criminal Procedure . Thereafter, he visited the place of occurrence in the Recca Valley compound, wherein he found the dead body of a lady lying in the grass and bushes near the road. The lady was wearing a saree and blouse. He has noted a wound on the neck below the right ear on her body.

7. PW20, C. J. Martin, took up the investigation on 02.07.2015 and visited the place of occurrence along with the Scientific Assistant. He conducted the inquest of the body and prepared Ext.P2 inquest report. He has noted a large gaping wound on the right side of the neck below the ear. The body was lying in a supine position.

8. PW20 recovered the dresses and ornaments found on the body as per Ext.P7