JUDGMENT :

This appeal has been filed by the accused in S.C.No.05/2008 on the files of the Sessions Court, Kottayam against the judgment dated 17.5.2008, convicting him under Section 498A of IPC.

2. The accused is the husband of the deceased namely Jyothi. They married in the year 1994. It was an inter-caste marriage. Two children were born in the wedlock. On 26.11.2006, the wife of the accused committed suicide. According to the prosecution, the accused subjected her to cruelty, both physically and mentally, so as to drive her to commit suicide and as a result of the said cruelty she committed suicide by consuming a poisonous fruit called odollam (Cerebera Odollam).

3. It was at about 11 am on 25.11.2006, the wife of the accused consumed poison at the house of the accused situated at Kiliroor Kara of Thiruvarppu Village. Immediately after the accused found his wife consumed the poisonous fruit mentioned above, he took her to the Medical College Hospital, Kottayam. She was treated at the hospital, but, she died at 1.30 am on 26.11.2006. At 8 am on the same day, the brother of the accused, who was examined as PW1, went to the Kumarakom Police Station and gave Ext.P1 first information s