The central legal point established in the judgment is the requirement for substantiating charges with credible evidence, the significance of medical findings in determining cause of death, and the influence of the appellant's statement on the court's decision.

The appellant is first accused in the case. The appellant along with his father was originally charged for an offence punishable under Sections 498A and 302 IPC. On conclusion of the trial, A-2 was acquitted and the appellant alone was convicted under Section 304-B and 498 A IPC and was sentenced to undergo imprisonment for seven years and two years respectively.

2. The case of the prosecution is that the appellant is the husband of the deceased. On 27.04.1996 at about 6.00 p.m, the deceased died at the residence of the appellant. On coming to know about the death of the deceased, P.W.1 lodged a complaint on 28.04.1996 at about 10.00 a.m to P.W.11. Inspector of Police and the same was registered as Ex.P-1 in Crime No.425 of 1996 under Section 174 Cr.P.C. Ex.P-7, the printed FIR was sent to the Court and superior officials. On receipt of Ex.P-7, the RDO took up initial enquiry, as the death of the deceased occurred within seven years of the marriage. Ex.P-8 is the inquest report and after examination of the witnesses, a report has been filed under Ex.P-15. Since the RDO has gone abroad, those reports have been marked through P.W.13, P.A to Sub Collector.

3. P.W.14 took up the investigation on 28.04.1996 and reached the scene of occurrence and prepared Observation Mahazar Ex.P-2. He has recovered M.O.1-Polyster Saree from the house of the appellant in the presence of P.W.3 and Ex.P-16 is the rough sketch. After recording the statements of P.W.1 to P.W.5, the offence was altered from 174 Cr.P.C to one under Section 498-A and 304 B IPC and the alteration report-Ex.P-18 was sent to the higher officials. The accused was arrested on 30.04.1996 at about 11.30 pm and was remanded to judicial custody. On conclusion of the investigation, P.W.14 filed a final report before the learned Magistrate.

4. Father and mother of the deceased was examined as P.W.1 and P.W.2, respectively. It is alleged that there were frequent quarrel between the appellant and the deceased. The marriage was performed by P.W.1 after selling their land and jewels. A child was born to the deceased and the appellant was quarrelling with the deceased to bring more dowry. On receiving a message that the deceased died due to consumption of poison, P.W.1 reached her residence and found her dead body, resulting in the complaint given to the police, Ex.P-1. This evidence of P.W.1 is corroborated by P.W.2, who is the wife of P.W.1. PW.3 is the son-in-law of P.W.1, who has been examined to substantiate that there were frequent quarrel between the appellant and the deceased. P.W.4 and P.W.5 are the neighbours of the appellant. They have been examined to substantiate that they are eye witnesses in the case and they witnessed the smothering and strangulation of the appellant on the instructions of the second accused. However, both the witnesses have not supported the case of the prosecution and they have been treated hostile. P.W.6 is the mahazar witness for the preparation of observation and recovery mahazars. P.W.7 is the medical officer who states that on 27.04.1996 the deceased was brought to the Government Hospital at 6.55 p.m for treatment and on examination the deceased was found dead and it was informed to them. The deceased was taken back without the permission of P.W.7. P.W.8 is the post mortem Doctor who has conducted autopsy over the dead body of the deceased on 29.04.1996 at about 11.15 a.m. Even at the time of conducting postmortem the medical officer noticed that the body of the deceased was under a decomposed status. Ex.P-4 is the postmortem report. Ex.P-5 is the report received regarding the hyoid bone and Ex.P-6 is the final opinion. P.W.9 is the Doctor attached with the Forensic Department, who has given his opinion regarding the hyoid bone. Ex.P-5 is the report given by him, wherein it is stated that the hyoid bone is in tact. P.W.11 is the Inspector of Police who has registered the case. P.W.12 is the Deputy Superintendent of Police, who has con