Judgment

S.B. Sinha, J.

1. Davamani (the deceased) was the wife of the appellant herein. She admittedly committed suicide on 14.03.1994. They were married on 04.09.1992. The deceased gave birth to a female child at Pondicherry in July 1993. The appellant for one reason or the other did not bring her back from her maternal home for a period of about eight months. She was brought back in February 1994. According to the appellant, the deceased proposed to go back to her mother's house to see her mother which he refused stating that she had come back only a month back.

2. It is not in dispute that at the time when the deceased committed suicide neither the appellant nor his mother was present in the house. Somehow or the other the people of the neighbourhood came to know about it. They broke open the door and found the dead body. The deceased committed suicide at about 1 p.m.. The mother of the appellant came back at 3.30 p.m.

3. It also stands admitted that the family members of the deceased, namely, her mother (PW-7), sister (PW-8), maternal uncle (PW-6), another relative (PW-9), and brother (who was not examined), came to the house and allowed the cremation of the dead body in his village. They took back all the articles which were given to her at the time of or after the marriage. No first information report was lodged by them. The police was informed by the appellant himself whereupon a case under Section 176 of the Code of Criminal Procedure was initiated. The matter was also considered by panchayat. One Rajarajan Veerasamy, Deputy Tahsildar-cum-Executive Magistrate, (PW-14), conducted an enquiry. He examined the prosecution witnesses and others. He submitted a report before the Station House Officer, Mettupalayam Police Station on or about 15.03.1994 wherein he is said to have raised some suspicion as regards the death of the said Davamani. In his report, it was stated:

"Further, their statements also stress the harassment for want of dowry. The Panchayatars statement does not clear the doubts as they are not aware of any facts and they could not confirm that there are no problems between the deceased and her husband. There is an injury on the right hand side of the neck of the deceased and an internal injuries could be traced out only in the post mortem report.

In my opinion, I suspect that there could be harassment for demand of dowry by the in-laws and husband of the deceased, based on the statements recorded in this regard. Hence, in my opinion, this could be a case of dowry death………."

4-5. On the basis of the suspicion expressed by him, a case under Section 304B of the Indian Penal Code came to be registered against the appellant alone. His mother was not made an accused. She was made a prosecution witness. She was examined on behalf of the prosecution as PW-1. It is furthermore not in dispute that an investigation into the offence was required to be carried out by a Superintendent of Police. Upon the said report of PW- 14, Smt. Anita Roy, Superintendent of Police (PW-10), took up the investigation. She was not conversant with the local language. She went to the village Kilinchikuppam and examined the mother, sister and brother of the deceased. The Circle Inspector Munisam and Head Constable Ramaswami (PW-15) accompanied her. Admittedly, the evidences of the witnesses were recorded by the said PW-15. They were said to have been translated in English. Although, according to PW-10, she verified the said statements, but did not state as to how she did it. PW-10 and PW-11 being not available at that time in the village, were asked to come to Pondicherry. PW Nos. 7, 10 and 11 visited Pondicherry on 8.05.1994. Their statements were said to have been recorded by PW-15, in her presence. The said statements were also allegedly translated. She again allegedly verified the said statements without disclosing the mode and manner thereof. Upon completion of the investigation a chargesheet was filed.

6. The learned Sessions Judge