IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Crl.A.No.315 of 2018 Dhanaselvi ...Appellant/Accused No.1 Vs.

The State Rep By Its, The Inspector Of Police, Kavundapadi Police, Erode District Cr.No.129 Of 2014.

... Respondents Prayer: Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, praying to call for the records and set aside the judgment and conviction imposed by the learned Sessions Court (Mahalir Fast Track Court), Erode in S.C.No.2 of 2015 dated 27.01.2016 against the appellant/accused.

For Appellant : No Appearance For Respondent : Mr.A.Damodaran Additional Public Prosecutor assisted by Ms.M.Arifa Thasneem

JUDGMENT

(Judgment of this Court was delivered by M.S.RAMESH.J,)

The appellant herein, who was arrayed as the first accused before the Trial Court, has been convicted for the offence under Sections 120B(1), 302 IPC read with Sections 34 and 396 of IPC and sentenced to undergo life imprisonment through judgement in S.C.No.2 of 2015 dated 27.01.2016 on the file of the Sessions Court (Mahalir Fast Track Court), Erode, which has been assailed in the present appeal.

2. The entire case of the prosecution was on substantial evidence.

Among the circumstances put forth before the Trial Court, the prosecution has predominantly placed reliance on motive, last seen theory and recovery.

3. Incidentally, it is brought to the notice of this Court that the Accused Nos.2 to 6, who were also found guilty and sentenced to undergo life imprisonment among others, had challenged the same judgement before this Court in in Crl.A.No.159, 215 and 224 of 2016. A Co-ordinate Bench of this Court, through a common judgement passed on 29.09.2016, in these Criminal Appeals, had recorded that the prosecution had failed to establish the circumstances before the Trial Court and thereby, acquitted all the appellants therein. The said judgement reads as follows:

"These criminal appeals are directed against the convictions and sentences, dated 27-01-2016 passed in Sessions Case No.2 of 2015 by the Additional District/ Mahalir Neethi Manram, Erode.

2. The case of the prosecution is that the first accused by name Dhanaselvi is a sister of deceased Ranganayaki. The defacto complainant, by name Sukumar, is the son of the deceased and one Panchalingam is her husband. A dispute has arisen in between deceased and first accused in respect of partition of a house. The first accused has had illicit intimacy with the husband of the deceased and due to that, an animosity has been in existence between the families of first accused and deceased. The second accused by name Manchu @ Panchavarnam has used to come to the house of the first accused for having sexual pleasure. Under the said circumstances, on 02-06-2014, all the accused have contrived themselves to murder the said Ranganayaki and in pursuance of their conspiracy, on the same day, at about 3:15 p.m., in Periyar Nagar, Kavundampalayam, the first accused has watched the house of the deceased and ultimately found the loneliness of the deceased. The fourth accused has attacked the deceased and due to his overtacts, she has passed away. Accused 1,2,3,5 and 6 have lent their support to the fourth accused. The accused 4 and 5 have removed the jewels worn by the deceased and also looted her house and subsequently, all the accused have shared the jewels and cash. After occurrence, the son of the deceased by name Sukumar, has given a complaint and the same has been registered by the Special Sub-Inspector of Police in Crime No.129 of 2014. The complaint given by Sukumar has been marked as Ex-Pl.

3. On receipt of Ex-P1, the Investigating Officer (P.W.21)

has taken up the Investigation, examined connected witnesses and also made arrangements for conducting autopsy on the body of the Dr. Senthil Kumar (P.W.16) deceased and accordingly, conducted post-mortem and he found the following external and internal