BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.10.2021 CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE S.ANANTHI Crl.A.(MD).No.475 of 2018 Sasi ... Appellant /sole accused -vs-

State through the Inspector of Police, Eraniyal Police Station, Kanyakumari District (in Crime No.450 of 2013) ... Respondent PRAYER : Criminal Appeal is filed under Section 374 of Cr.P.C., to call for the records in S.C.No.128 of 2014, on the file of the Fast Track Mahila Court, Nagercoil, dated 12.05.2015 and set aside the conviction and sentence imposed against the appellant.

For Appellant : Mr.R.Alagumani For Respondent : Mr.S.Ravi Additional Public Prosecutor

J U D G M E N T

(Judgment of the Court was delivered by V.BHARATHIDASAN,J.)

The appellant is the sole accused in S.C.No.128 of 2014, on the file of the Fast Track Mahila Court, Nagercoil and he stood charged and tried for the offence under Section 302 I.P.C.

2. The trial Court, vide impugned judgment dated 12.05.2015, has convicted the appellant herein for the above said offence and imposed the sentence, thus:

Now, challenging the above said conviction and sentence, the appellant is before this Court.

3. The case of the prosecution is that the deceased in this case one Jothi is the wife of the appellant/accused, their marriage took place 14 years prior to the occurrence and out of wedlock, three children were born to them. Thereafter, there was a dispute between the husband and wife and the deceased was staying at her mother's house in Sungankadai along with the children and all the three children were admitted in a hostel run by P.W.15. On 13.07.2013, both the deceased and P.W.2, the mother of the deceased, met the children in the hostel and returned to Sungankadai. Thereafter, P.W.2 went to see her granddaughter at Kalungadi and asked the deceased to go home. After returning home, P.W.2 found the deceased missing. On the next day, both the accused and his parent came to the house of P.W.2, demanding for a divorce from the deceased. After knowing that the deceased was found missing, they went in search of the deceased and after three days i.e., on 16.07.2013, they got an information that a body was found floating in a tank near Nedungulam and identified the body as that of the deceased. Immediately, P.W.1, the brother of the deceased filed a complaint before P.W.20, Marimuthu, Sub Inspector of Police in the respondent police station. Based on the complaint, the F.I.R. has been registered in Crime No.450 of 2013, under Section 174(3) of Cr.P.C., and send the F.I.R. to the concerned Judicial Magistrate Court and copies of the same to the higher officials.

4. P.W.21, Inspector of Police, in the respondent police station after receipt of the F.I.R., has commenced the investigation, visited the scene of occurrence at about 9.00 a.m., and prepared the Observation Mahazar and Rough Sketch, Ex.P11 and recorded the statement of the witnesses and sent the body for postmortem to the Government Medical College Hospital, Asaripallam. Then, he conducted inquest in the hospital from 11.15 a.m., to 13.15 a.m., and prepared the Inquest Report, Ex.P12. The investigation revealed that the accused only attacked the deceased and caused her death. Therefore, the investigating officer filed an alteration report, Ex.P13, on 19.07.2013. On the very same day, he arrested the accused. On such arrest, the appellant/accused voluntarily given a confession, based on the admissible portion of the confession, P.W.21 recovered the blade, M.O.1. Thereafter, he forwarded the accused to the jurisdictional Magistrate Court for judicial remand.

5. In the mean time, P.W.16, a Doctor working in the Government Hospital, Asaripallam conducted postmortem autopsy on the dead body of the deceased and given a Postmortem Re