(1.) The appellant is the sole accused in Sessions Case No.146 of 2011, on the file of the II Additional Sessions Judge, Erode. He stood charged for the offence under Sections 302 and 379 of the Indian Penal Code. By judgement dated 28.2.2013, the trial Court convicted him under both charges and sentenced to undergo imprisonment for life and to pay a fine of Rs.1000/-, in default, to undergo simple imprisonment for six months for offence under Section 302 of the Indian Penal Code and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.1000/-, in default, to undergo simple imprisonment for six months for the offence under Section 379 of the Indian Penal Code. Challenging the said conviction and sentences, the appellant is before this Court with this appeal.
(2.) The case of the prosecution in brief is as follows:
(3.) Based on the above materials, the trial Court framed charges against the accused under Sections 302 and 379 of the Indian Penal Code. The accused denied the same. In order to prove the case, on the side of the prosecution as many as 16 witnesses were examined, 30 documents were exhibited, besides 8 materials objects. Out of the said witnesses, P.W.1 is the husband of the deceased, he has spoken about the motive for the occurrence and also the fact that on 31.07.2008, at 2.00 p.m., the left the company for his house and when he returned to the company at 3.30 p.m., he found his wife not available in the company. He would further state that thereafter, the dead body of the deceased was found in the bathroom, by P.W.8. He has further stated that he found the missing of the gold ear studs from the body of the deceased. He has also spoken about the complaint made. P.W.2 is the Manager of 'M.R. Textiles'. He has stated that the accused, the deceased and P.W.1 were working in the company. He has further stated that the accused attempted to misbehave with the deceased on few occasions and it was reported to him. He reprimanded the accused. P.W.3 is the Proprietor of M.R.Textiles. He has also stated that on earlier occasions, the accused had scolded the deceased in filthy language and the same was reported to him and he reprimanded the accused. P.W.4 is a driver in the same company. He has stated that the deceased told him that the accused used to speak to her over phone, advancing sexual overtures. He has further sated that he informed the same to P.W.3. P.W.5 is a tailor in the same company. He has stated that the accused and the deceased used to enter into verbal fight frequently. P.W.6 is the Village Administrative Officer. He has spoken about the extra judicial confession given by the accused, on 2.8.2008, at 8.00 p.m. P.W.6 has further stated about the recovery of M.O.1(series) and M.O.2 on the disclosure statement made by the accused. P.W.7 has spoken about the post-mortem conducted by her and her final opinion regarding the cause of death. P.W.8 has stated that she found the dead body of the deceased in the bathroom at 5.00 p.m. P.W.9 has stated that during the course of investigation, the accused was brought to him to conduct potential test and on examination, he found that the accused was capable of performing sexual intercourse with a woman. Ex.P17 is the certificate issued by P.W.9. P.W.10 is the Forensic expert in the Tamil Nadu Forensic Lab. She has stated that on 31.07.2009, the blood sample of the accused was sent to her along with the virginal extract taken from the body of the deceased. When she conducted DNA examination she found that the DNA extracted from the semen taken from the vaginal smear of the deceased tallied with the DNA taken from the blood of the accused. P.W.12, is the Head Constable attached to Karunkalpalayam Police Station. He has stated that he took the dead body for post-mortem and the vicera for chemical examination and handed over the same. P.W.13, the Head Clerk of the Court has stated that, at the request of the Inspector of Police, he forwarded the material objects for chemical examination, on the orders of the Judicial Magistrate. P.W.14 has spoken about the registration of the case on the complaint of P.W.1. P.W.15 has spoken about the photographs of the dead body of the deceased, taken on the mortuary. P.W.16 has spoken about the investigation done and the final report filed.