In this appeal filed under Sec.374(2) Cr.P.C by accused Nos.1, 2 and 4 in Sessions Case No.150 of 1998 on the file of the Court of the Sessions Judge, Wayanad at Kalpetta, they challenge the conviction entered and the sentence passed against them for an offence punishable under Section 498A I.P.C. The 3rd accused was acquitted by the Court below of all the charges levelled against her.

2. The case of the prosecution can be summarised as follows:-

The marriage between Sunitha aged 18 years and Suresh Kumar (the first accused) aged 23 years was on 9-2-1996. While Sunitha was residing in her matrimonial home at Kaniyampatta in Vythiri Taluk of Wayanad District, on account of the harassment and ill-treatment meeted out to her by A1 to A4 namely, husband, mother-in-law and two sisters-in-law of Sunitha in connection with their demand for further dowry, Sunitha committed suicide at about 4 p.m. on 26.4.1996 by consuming poison. The accused persons have thereby committed offences punishable under Sections 498A and 304B read with Sec. 34 I.P.C.

3. On the accused persons pleading not guilty to the charge framed against them by the court below for the aforementioned offences the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 15 witnesses as P.Ws 1 to 15 and got marked 8 documents as Exts. P1 to P8 and 10 material objects as Mos 1 to 10.

4. After the close of the prosecution evidence, the accused were questioned under Sec.313 (1) (b) Cr.P.C. with regard to the incriminating circumstances appearing against them in the evidence for the prosecution. They denied those circumstances and maintained their innocence. They filed a written statement to the following effect:-

"The accused are residing in their house at Kambalakkad. A1 (Suresh) is the youngest member of the family. He was employed in the diamond factory at Kambalakkad. Since their mother was getting older day by day all of them wished to see him a married man. When the grandmother of deceased Sunitha died, accused Nos. 2, 3 and 4 had been to their house. From there they saw Sunitha and found the girl appropriate for Suresh (A1). They told Suresh about Sunitha. They told this fact to Janardhanan (P.W.6) a common friend and well-wisher. When the matter was presented before P.W.2 (Kesavan Nair) the father of Sunitha, he told P.W.6 that they were financially very poor and Sunitha was only studying. Thereafter A1 accompanied by his friend Varghesekutty went to see the girl. A1 liked Sunitha. Accused Nos.2 to 4 also liked Sunitha. Accordingly yielding to the pressure of accused Nos.2 to 4 A1 agreed to give Sunitha in marriage to A1. There was absolutely no demand for ornaments or money from the side of the accused. On the contrary, noticing the financial difficulties of P.W.2, after the marriage fixing ceremony the accused persons went to the house of Sunitha and gave her gold ornaments weighing 6 ¼ sovereigns. That apart, they also offered to conduct the marriage in a temple near their house and volunteered to conduct the feast in connection with the marriage in their house. It was the accused who printed and distributed the invitation cards for both the families. After the marriage also every member of the family of the accused was treating Sunitha with great love and affection. Suresh (A1) was having a motor cycle even prior to his marriage. Until the death of Sunitha, both of them used to go out on the said motor cycle. Occasionally both of them used to pay a visit to the house of Sunitha and would stay there. However, Sunitha was not moving about freely in her matrimonial home. She was not in the habit of talking freely with the members of her husband's family. She preferred to be alone and was always in a pensive mood. When asked about the reason she was not giving any reply. At times Sunitha used to complain of stomach ache. On those occasions A1 used to take her to the hospital. While so, Sunitha became pregnant.