JUDGMENT

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

This Criminal Appeal has been filed by the appellant / sole accused as against the conviction and sentence, dated 21.12.2018, made in S.C.No.145 of 2017, by the learned Additional District and Sessions Judge, Theni @ Periyakulam.

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

(i) The deceased Kannieswari is the wife of P.W.8. P.W.8 and his wife were working under P.W.1 in his land and the accused is working in the neighbouring land and he become acquainted with P.W.8 and used to take him to fix snare to catch jungle fowl. On the date of occurrence, the accused asked P.W.8 to check the snare. After P.W.8 went to his regular work, when he came back at about 4.00 p.m., he found his wife dead inside the house and P.W.1 immediately was under the impression that she was killed by carnivore and therefore, informed the same to P.W.6 Forest Range Officer. P.W.6 came to the place of occurrence at 5.15 p.m and on seeing the injuries in the dead body ruled out wild animal attack. P.W.8 informed P.W.1 about the death of his wife. P.W.1 is the land owner where P.W.8 is working. On hearing the news about the death of the deceased, P.W.1 rushed to his land and found the dead body and informed the Forest Officials. Thereafter, P.W.1 lodged a report - Ex.P.1 before P.W.20-The Special Sub-Inspector of Police, Thenkarai Police Station.

(ii) P.W.20 registered the crime in Crime No.107 of 2017 under Section 302 IPC. and forwarded the complaint and First Information Report to the Judicial Magistrate Court, Periyakulam, through P.W.14 and he has handed over the same to the learned Judicial Magistrate, Periyakulam at 1.30. a.m. on 09.02.2017. P.W.20 went to the place of occurrence and sent the dead body to hospital for post-mortem.

(iii) P.W.21, Inspector of Police/ Investigation Officer took up the case for investigation, went to the place of occurrence and prepared the Observation Mahazar-Ex.P.5 and rough sketch-Ex.P.11. He also collected bloodstained earth in the presence of P.W.11 and other witnesses and also sent a communication to the sniffer dog squad. Thereafter, he conducted an inquest over the dead body in the hospital and prepared an inquest report Ex.P.12. He also collected the blood-stained clothes from the dead body. P.W.2 and P.W.3 after hearing the news about the death of the deceased rushed to the spot and found the dead body.

(iv) When the matter stood thus, on 09.02.2017, while P.W.4-VAO was in office at about 2.00 p.m., the accused appeared before her and gave a confession narrating the killing of the deceased stating that he had an eye over the deceased. When he attempted to have sex with her, she refused and raised alarm. Therefore, he caused cut injury as a result, she died and then P.W.4 has prepared a Special report Ex.P.2 and handed over the accused to the police.

(v) P.W.7 also seen P.W.8 rushed to bring the Forest Officials.

P.W.7- Village Menial was also present when the accused confessed to the crime to P.W.4. P.W.18-Medical Officer conducted autopsy over the dead body and found the cut injuries over the dead body and issued Ex.P.10 Post Mortem Certificate and gave a final opinion-Ex.P.11 that the deceased would appear to have died of shock and haemorrhage due to external injuries.

(vi) P.W.15 handed over the material object to the Court for the purpose of forensic analysis. The Scientific Officer of Regional Forensic Laboratory was examined as P.W.17, he found that the related blood items Nos.1 and 4 to 7 which were sent for analysis, belong to 'B' group and issued Ex.P9-Serology report in this regard. He also examined the material objects and issued Ex.P.8 Biological report.

(vii) P.W.21 in continuation of investigation, after P.W.4 handed over the accused to P.W.21, he arrested the accused at about 15.30 hours in the presence of P.W.4 and P.W.7 and recorded the admissible portion of confession and the same is Ex.P.15. Pursuant to the same, he seized the M.O.1- Aruval