R. Regupathi, J. - (1.) THE appellant, sole accused in the case was convicted for an offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.3000/=, in default, to undergo 6 months S.I. Aggrieved against the conviction and sentence, the present appeal is preferred.
(2.) AS per the charge framed against the appellant, he was allegedly having illicit intimacy with the deceased who was staying alone near the Bhavani Sagar Dam Park. She was working in the said Park as a Sweeper. On 13.7.2006 between 2.00 pm., to 3.00 pm., the appellant took the deceased to her residence and indulged in quarrel demanding money and since the deceased refused to pay, assaulted her on her cheek, due to which she fell down. Thereafter, the appellant strangulated with her saree, in the result, she died and thereby committed the offence punishable under Section 302 IPC. When the appellant was questioned initially, he denied the complicity of commission of the offence and pleaded innocence. Therefore, the trial of the case was taken up and during the course of the trial; the prosecution examined P.Ws.1 to 21, marked Exs.P.1 to P.17 and produced material objects M.Os.1 to 6. The case of the prosecution as spoken to by the witnesses is that the deceased was working as a Sweeper in Bhavani Sagar Dam Park and was staying alone near the Park. The accused was having illicit intimacy and was frequently visiting her at her residence. Under such circumstances, on the date of occurrence also the appellant met the deceased and took her to her residence, and demanded money. On her refusal to give money, slapped on her cheek and when she fell down, strangulated with her saree and thereby committed the murder. Since the deceased was absent at her working place, she was searched and her dead body was found in a putrefied condition in her residence after 4 to 5 days. The investigation of the case was taken up and witnesses have been examined and materials have been recovered to fix up that the appellant is the assailant.
(3.) P.W.11 was working as an Assistant Engineer at Bhavani Sagar Dam Park where the deceased was working as a Sweeper. According to him, on 13.7.2006, the deceased attended the work and left the park at 12.00 noon for attending a function at the residence of her colleague, thereafter she did not turn out. On 18.7.2006, since she was continuously absent, he requested P.W.4, who is a casual labour in the same park to enquire about the absence of the deceased for 4 or 5 days. Accordingly, P.W.2, the sister of the deceased was contacted and on enquiry she replied that the deceased did not turn up to her place. P.W.2 in turn informed her brother P.W.1. P.W.1 enquired about the deceased with his relatives and at 5.00 pm., came to the residence of the deceased, which was locked outside, and since the kitchen window was also locked, on opening the window of the kitchen, he found the dead body of the deceased in a putrefied condition. Thereafter, he reported the same to the police. P.W.1 further stated in his evidence that after the death of her husband, the deceased was living alone and she was given the job in the Park on compassionate ground. P.W.19, Sub Inspector of Police, Bhavani Sagar Police Station, received the complaint on 18.7.2006 at 10.00 pm., and registered a case in Crime No.110 of 2006 under the caption 'suspicious death" and Ex.P.14 is the printed FIR and dispatched the same to the learned Judicial Magistrate and superior police officers.;