JUDGMENT

(Delivered by P.N.PRAKASH, J.)

This criminal appeal has been filed against the judgment and order dated 29.11.2018 passed in S.C.No.364 of 2015 on the file of the Sessions Court, Mahila Court, (Mahalir Neethimandram), Chennai and to set aside the same.

2. The prosecution story runs thus:

2.1 The deceased Swetha fell in love with the appellant, got married to him and they were blessed with two children viz., Sugan and Sujitha, aged about 6 and 5 years, respectively, at the time of the incident which took place on 27.08.2015. They were living in Kannagi Nagar. The appellant used to get drunk, not go to work, beat his wife and was a parasite on her. Therefore, unable to withstand his torment, Swetha left his company and joined her mother Ilamalli (PW1) and sister Somasundari (PW3), who were pavement dwellers opposite the Reserve Bank of India (for brevity “the RBI”).

2.2 Swetha and her sister Somasundari (PW3) were working as dishwashers and cleaners in a nearby canteen. The appellant used to come frequently to meet Swetha and quarrel with her asking her to join him. However, Swetha refused to join him and the same appears to have irked the appellant.

2.3 It is alleged that on 27.08.2015, around 9.00 a.m., when Swetha went for her bath to a secluded place near the RBI, the appellant strangulated her with her dupatta (M.O.1) and caused her death. When Ilamalli (PW1), mother of Swetha, went to the place of occurrence, she saw Swetha on the ground and when she asked the appellant, he told her (PW1)

that he killed Swetha and pushed Ilamalli (PW1) and ran away.

2.4 Swetha was rushed by Somasundari (PW3) to Rajiv Gandhi Government General Hospital, where, she was examined by Dr.Sasidaran (PW11) at 12.45 noon and he declared her as 'brought dead'. When Dr.Sasidaran (PW11) enquired Somasundari (PW3), the latter told him that Swetha was found wrapped in a tarpaulin near the bath tub, where, she normally goes for her bath and therefore, they had brought her for treatment.

2.5 Dr.Sasidaran (PW11) made these entries in the accident register (Ex-P9) and since he found injuries around the neck of Swetha, the body was sent to the mortuary for further action.

2.6 On a written complaint given by Ilamalli (PW1), Duraipandian (PW12), Inspector of Police, registered a case on 27.08.2015 at 14.30 hours in B-3, Fort Police Station Crime No.58 of 2015 under Section 302 IPC against the appellant and took up the investigation of the case.

2.7 The Investigating Officer went to the place of occurrence and prepared the observation mahazar (Ex-P12) and rough sketch (Ex-P11) in the presence of witnesses Murugan (PW7) and Prasanth (PW8).

2.8 The Investigating Officer arrested the appellant on 28.08.2015 at 5.00 a.m. near the RBI subway and recorded his confession statement.

Based on the disclosure statement of the appellant, the Investigating Officer went to the place of occurrence and seized the dupatta (M.O.1) under the cover of a mahazar (Ex-P6) at 6.20 hours on 28.08.2015 in the presence of witnesses Appu (PW9) and Dhayalan (not examined).

2.9 Thereafter, the Investigating Officer conducted inquest over the body of Swetha in the mortuary and the inquest report was marked as Ex-

P13.

2.10 Dr.Julius (PW10) performed autopsy on the body of Swetha and issued the postmortem certificate (Ex-P7). After obtaining the viscera report (Ex-P8), Dr.Julius (PW10) gave his final opinion as to the cause of death of Swetha, which reads as follows:

“The deceased would appear to have died of asphyxia due to neck compression (strangulation).”

2.11 After examining witnesses and collecting the various reports, the Investigating Officer completed the investigation and filed a final report in P.R.C.No.87 of 2015 before the VII Metropolitan Magistrate Court, Chennai.

2.12 On appearance of the appellant, the provisions of Section 207 Cr.P.C. were complied with and the case was committed to the Court of Session in S.C.No.364 of 2015 and was made over to the Sessions Court, Mahila Court, (M