A.M. Babu, J.

1. Legal heir. What does that expression as used in Section 2(wa) of the Code of Criminal Procedure mean? That is the question. SC. No. 74/2016. That was a case on the file of the Courts of Session, Kottayam division. The case was decided by the learned Additional Sessions Judge, Pala. There were 3 accused persons. One died. Others were tried. The 1st accused was convicted and sentenced. The 3rd accused was acquitted.

2. The 1st accused married Suman on 24/11/2002 as per the Christian rites. The couple were blessed with a child. Suman committed suicide on 10/09/2003. Accused 1 and 3 were charged under Sections 304B and 498A of IPC. They were tried. The 1st accused was convicted and sentenced to rigorous imprisonment for seven years and a fine one lakh rupees under Section 304B of IPC. He was sentenced to rigorous imprisonment for three years and a fine of ten thousand rupees under Section 498A of IPC. Separate sentences in default of payment of the fine amounts were also imposed.

3. The appeal is filed against the acquittal of the 3rd accused. She is the sister of the 1st accused. The appeal is filed under the proviso to Section 372 of Cr.P.C. The appellant is the