A criminal conviction can be sustained solely on the testimony of a solitary eyewitness under Section 134 of the Indian Evidence Act, provided the testimony is reliable, unshaken during cross-examination, and corroborated by material scientific or medical evidence.

JUDGMENT

(Judgment of the Court was delivered by N.ANAND VENKATESH, J)

The sole accused has assailed the judgment of the Principal District and Sessions Judge, Dindigul, made in SC No.118 of 2017 dated 07.12.2021 convicting him for offence under Section 302 IPC and sentencing to undergo life imprisonment and to pay fine of Rs.10,000/-, in default to undergo simple imprisonment for three months.

2. The case of the prosecution is that PW2 was married to the deceased and were residing at Madurai and they had two children out of the wedlock. PW2 developed illicit relationship with the accused and started living with him at Tiruppur. Later, PW2 returned back to the matrimonial home and started living with the deceased and her children. The accused person was forcing PW2 to live with him and she refused. On 30.09.2016, at about 2.00 p.m., when PW1 was sitting in the pial along with her husband, the accused person came to the house and asked about PW2, for which, PW1 replied that she has gone for work. He then enquired about the deceased and PW1 lied that he has also gone for work. However, the accused person started shouting and hearing the noise, the deceased came out from the house. The accused person stabbed the deceased with a knife (MO1) in his chest and abdomen and the deceased fell down and the accused person once again stabbed in the left thigh. Even thereafter he indiscriminately stabbed the deceased and as a result, the deceased died on the spot. PW1 started shouting and as a result, the people in and around came to the scene of crime and on seeing them, the accused person fled away.

3. PW1 gave a complaint (Ex.P1) to PW6 at about 15.15 hrs., on 30.09.2016 and based on the same, an FIR (Ex.P9) came to be registered in Crime No.348 of 2016 for offence under Section 302 IPC. The express FIR was sent to the Court and it reached the Court on 01.10.2016 at 1.30 a.m.

4. The investigation was taken over by PW7, who went to the scene of crime at about 16.45 hrs., and prepared the observation mahazar (Ex.P6) and the rough sketch (Ex.P10). He recorded the statement of witnesses under Section 161(3) Cr.P.C. He conducted the inquest on the dead body in the presence of panchayatdars and prepared the inquest report (Ex.P11). He thereafter sent a requisition letter to the Government Hospital, Vedasandur through a Head Constable to conduct autopsy.

5. PW3 conducted autopsy and noted the following injuries in the postmortem report marked as Ex.P3:

“External Injuries:

1. Two laceration over left side of chest of size 2x1x1cm and 3x1x1cm.

2. Four lacerations over left lateral aspects of abdomen of size 4x2x2 cm with 3x1x1cm, 3x1x0.5cm and 3x2x1cm.

3. Two laceration over left shoulder of size 3x2x1 and 2x1x0.5cm

4. laceration of 2x1x0.5 cm over right side of abdomen.

5. Two laceration over left groin 2x1x1cm and 3x1x0.5 cm

6. Lacerations 14x3x2cm over left thigh

Internal Examination:Hyoid bone intact. Left side 3rd, 4th and 5th rib fractures. Left lung-multiple laceration present. Right lung C/S. 200 ml clotted blood in left side chest cavity. Heart empty. Liver C/S. Spleen C/S. Kidney appears pale. Stomach - 500 ml undigested liquid material. Two pierce of size 1 cm and 1.5 cm over intestine. Pierce of size 2 cm over descending colon. About 1 litre of blood in abdominal cavity. No skull bone fracture. Brain matter normal.”

6. A final opinion was given to the effect that the deceased would appear to have died of hemorrhage and shock.

7. The investigating officer arrested the accused person on 01.10.2016 at 13 hrs., in the