Hon'ble Judges/Coram:
S. Nagamuthu and V. Bharathidasan

JUDGMENT

V. Bharathidasan, J.

1. The appellant in this appeal is the sole accused in Sessions Case No. 19 of 2012, on the file of the learned Sessions Judge, Mahila Court, Uthagamandalam. He stood charged for an offence under Section 302 IPC. (3 counts). The Trial Court, by judgement dated 22.07.2014 convicted the appellant/accused for the offence under Section 302 IPC, (3 counts) and sentenced him to undergo life imprisonment for each count and to pay a fine of Rs. 5,000/-, for each count, in default, to undergo rigorous imprisonment for six months for each count. The trial Court also directed the sentences imposed on the appellant/accused to run consecutively. Challenging the above said conviction and sentence, the appellant/accused is before this Court with this appeal.

2. The case of the prosecution in brief is as follows:

"(i) It is a case of triple murder. The first deceased Jayakala @ Kala [D-1] is the wife of P.W.1. The second deceased minor Dheepa, [D-2] aged about 2 years is the daughter of the P.W.1. The 3rd deceased is one Chandra. The accused is the maternal uncle's son of D-1 and 3rd deceased Chandra [D-3]. On 17.01.2010, the accused and D-3 came to the house of P.W.1 and stayed there for three days. On 20.01.2010, the accused took all the deceased to D-3s house. On the next day morning, i.e., 21.01.2010, at about 10.30 a.m., P.W.1 went to D-3's house to take back his wife and daughter/A-1 and D-2. At that time, the accused came out of the house with bloodstained dhoti and he was having a knife in his hand. On seeing the accused, when P.W.1 asked the accused, what had happed, he went away, without stopping. When P.W.1 entered into the house, he found all the three persons lying dead and due to shock, he sat down there.

(ii) After some time, P.W.22, Inspector of Police, working in the Hope Police Station, after receipt of information about the occurrence, went to the scene of occurrence, obtained a statement (Ex. P1) from P.W.1 and returned back to the Police Station, registered a case in Crime No. 6 of 2010 for the offence under Section 302 of IPC, prepared FIR (Ex. P19). Thereafter, again P.W.22 reached the scene of occurrence and prepared an Observation Mahazar Ex. P20, a Rough Sketch, Ex. P20, recovered bloodstained soil, sample soil [M.Os. 2 to 5] in the presence of witnesses. At about 3.00 p.m., P.W.22 conducted inquest over the dead body of D-3 in the presence of panchayatars and prepared inquest report, Ex. P21. Then, he conducted inquest over the dead body of Vijayakala in the presence of panchayatars and prepared an inquest report, Ex. P22 and then he conducted inquest over the dead body of D-2 in the presence of panchayatars and prepared inquest report Ex. P23. Thereafter, he sent all the three dead bodies to the Government Hospital, Gudalur, for postmortem, through P.Ws. 16, 17 and 18, Head Constables.

(iii) P.W.11, Assistant Civil Surgeon, working in the Government Hospital, Cudalur, conducted postmortem [autopsy] on the dead body of D-3 and found the following injuries:-

External Injuries: (i) A deep cut injury extending from right frontal region through right Pinna end just behind Right pinna, 7 x 2 x 1 CMs bone exposed (2) A sliced cut injury in the occipital region 4 x 3 CMS (3) a cut injury in the centre of head ending just medial to the left Eye 4 x 2 x 0.5 cms (4) A cut injury starting just below the left lower limb 4 x 3 x 2 cms left cheek size 5 x 2 x 3 cms. (5) A cut injury just below left lower limb 4 x 2 x 3 cms exposing bone (6) A cut injury in front of left ear directing downwards 4 x 2 x 3 cms. (7) Sliced injury in the back of left arm-tissue hanging of size 11x10x1 cms thickness with proximal attachment to the arm. (8) A cut injury back of left forearm just 5 cms distal to elbow size 6 x 3 x 1 cms (9) Left Hand: near total amputation just distal to Left wrist exposing radius, ulna and carpal bones, only skin flap inta........