V. Periya Karuppiah, J.

This Criminal Appeal is directed against the judgment of conviction and sentence imposed against the appellant/accused for the offence under Section 302 IPC to undergo life imprisonment, in S.C.No.67 of 2004, dated 28. 2005 by the learned Additional District Judge (Fast Track Court), Kallakurichi.

2. The case of the prosecution in a nutshell is that the deceased Dhanakodi was the wife of the appellant/accused; at the time of their marriage, a TVS-50 motor cycle was not gifted to him as already agreed before the conclusion of the marriage; the said Dhanakodi was suspected to have illegal intimacy with some other person; the said Dhanakodi had given a complaint against the accused and his family regarding dowry harassment; enraged upon all these activities of the said Dhanakodi, the accused, with an intention to cause the death of his wife, on 16. 2003 at about 10 p.m., mixed pesticide in the cool drink and administered the same to his wife, compelling her to drink the same, and thereby caused her death, and therefore, the accused is charged under Section 302 IPC.

3. Brief facts of the prosecution case, as culled out from the evidence of the prosecution witnesses, are as under:

(a) According to the prosecution, Vadamalai, the appellant/accused, having got enraged over the activities of the deceased, wanted to do away her and accordingly, on 16. 2003 at about 10 p.m., he mixed pesticide (poison) with the cool drink and administered the same to the deceased Dhanakodi compulsorily.

(b) It is seen that the deceased earlier gave a complaint to All Women Police Station regarding the dowry harassment of the appellant/accused under the guise of not gifting TVS-50 two-wheeler as agreed by the parents of the deceased earlier to their marriage. The case was compromised and they were pacified only previous week to the date of occurrence.

(c) P.W.1 is the father of the deceased, who adduced evidence to the effect that he gave in marriage his daughter, the deceased, with the accused, two and half years prior to the date of occurrence, with all "sreedhanas"; for a period of three months, they were running the family and subsequently, with difference of opinion, the accused tortured his daughter (deceased) which was complained by her to P.W.1; the Panchayatdars pacified both of them; when his daughter came for a Temple festival, he pacified and sent her to matrimonial home along with the wife of P.W.1, the mother of the deceased, who was examined as P.W.2. After three days, when the wife of P.W.1 was asked by the accused to sleep in some other house, the accused mixed pesticide with cool-drink and administered the same to her, and he murdered my daughter accordingly, which was known to him only next day to the date of occurrence, and subsequently, he rushed to the house of the accused along with relatives and complained the same to the Police Station, which is Ex.P-1. Earlier, on 6. 2003, on the basis of the complaint given by the deceased to the All Women Police Station, Kallakurichi, an enquiry was conducted, in which P.W.1 and P.W.2 endorsed the signature, which is Ex.P-3 (P.W.2s sign). P.W.1 saw a 7-Up cool drink bottle and a pesticide bottle in the place of occurrence. He did not notice actually the members who were present in the place of occurrence when P.W.1 went there. He stated that the accused was a Coolie by occupation. He did not know actually what had been stated in the complaint given by the deceased in the All Women Police Station. He admitted that a Panchayat was held. After the Panchayat, based on the fact that the accused wanted to divorce his daughter, a complaint was made in the All Women Police Station. P.W.1 stated that it is not correct to state that the activity of the accused in the enquiry conducted at the All Women Police Station, was not good and he did not talk about divorce. Rather he admitted that he will not torture the daughter for getting TVS-50 vehicle. The accused was very