The demand for balance of gold ornaments for the child did not constitute dowry, and the deceased's statements regarding torture and harassment were inadmissible under Section 32(1) of the Evidence Act.

This Criminal Appeal is filed by A1 to A4 in SC.NO.25/2001 against the judgment dated 27. 2002 passed by the learned Assistant Sub Judge, Maduranthagam, Kancheepuram District, convicting and sentencing them as stated supra.

2. The case of the Prosecution is as follows:-

The deceased Kanchana had committed suicide by hanging herself on 29. 1999 at the residence of the accused. PW.1 and PW.2 are the father and mother of the deceased. The deceased was given in marriage to the 1st accused by giving gold ornaments worth of 15 sovereigns and household articles. Though the parents of the deceased offered to get a cot and a bureau, the accused declined and instead asked Rs.4000/- in lieu of those articles. A1 and the deceased had lived in his native place in Thattampedu Village for about 14 months. A1 demanded the deceased to get a cot, godrej bureau and a dining table and the same were given to the couple. The accused told them that they would perform the Seemandam and the accused demanded 5 sovereigns of jewels, but the parents of the deceased could give only 1 sovereign. When PW.1 and PW.2 came to their home with Seervarisai, the accused refused to take them and performed the Seemandam in their house. The next day the deceased had been sent to her parents house for delivery and she gave birth to a male child. After three months, she and her child were taken to the home of the accused and on demand for two sovereigns of gold ornaments, only one sovereign was given to the child. At the time of ear boring ceremony, the accused demanded five sovereigns, but PW.1 and PW.2 gave only one sovereign and they were not treated properly and before they could arrive at the place of ceremony, the function was held and they were insulted. Two months prior to her death, when the deceased attended the marriage of her relative at Cuddalore, she told her parents that they accused persons are torturing her for not giving the balance ornaments.

3. On 29. 1999, the deceased committed suicide by hanging and the same was informed to PW.1 over phone, who had rushed to the house of the accused along with other Prosecution witnesses and relatives. PW.1 then lodged a complaint with the Cheyyur Police Station and the Inspector of Police, Cheyyur Police Station had registered a case in Cr.NO.440/1999 under Sections 304B, 498A and 306 of IPC and had prepared Ex.P15 printed FIR and sent a copy to the Revenue Divisional Officer for conducting an enquiry.

4. PW.17, Revenue Divisional Officer, had conducted inquest, examined the father, husband, father-in-law of the deceased and submitted the report Ex.P10. The statement of the above said witnesses are Ex.P8 Series and the inquest report is Ex.P9. He has given his report stating that there is no dowry harassment.

5. PW.21 D.Balachandran, the Deputy Superintendent of Police, Maduranthakam has taken up the case for investigation and recorded the statements of the parents of the deceased PW.1 and 2, brothers of the deceased PW.3 and 4, sister in law of the deceased PW.5, a tenant in the house of PW.1 as PW.6 and another relative of PW.1 as PW.7. Pws.1 to 7 had stated that the deceased had been subjected to cruelty by her husband and in laws for not getting a cot, a godrej bureau and a dining table and also four sovereigns of gold jewels for the child.

6. PW.21, Investigating Officer had inspected the place of occurrence and had prepared Ex.P13 and drew a rough plan Ex.P14. He had arrested all the three accused at Choonampedu and remanded them to judicial custody. He had sent the body for postmortem through PW.15 Head Constable attached to the Cheyyur Police Station. PW.19 Dr.Hemalatha Gandhi attached to the Government Hospital, Madurantagam had conducted autopsy on the body of the deceased on 29. 1999 at 11.00 a.m. and had opined that the deceased had died of Ashphyia due to hanging in his report Ex.P12. After examining some more witnesses and on completion of the investigation, he has laid charge sheet aga