The judgment emphasized the need for a proximate and live link between the cruelty and the consequential death to establish the offence under Section 304B of IPC. It also highlighted the requirement of proof of direct or indirect acts of incitement to the commission of suicide to establish the offence under Section 306 of IPC.

This Criminal Appeal is filed against the judgment dated 15.5.2002 passed in SC.No.19/2002 by the learned Additional Sessions Judge (FTC-III) Coimbatore, convicting and sentencing the appellants for the offence under Section 498A of IPC to undergo two years of Rigorous Imprisonment each and for the offence under Section 306 of IPC to undergo 7 years of Rigorous Imprisonment each and for the offence under Section 304A of IPC to undergo seven years of Rigorous Imprisonment each and for the offence under Section 4 of the Dowry Prohibition Act to undergo one year Rigorous Imprisonment each and ordering the sentences to run concurrently.

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

a. The 1st Appellant/A1 is the husband of the deceased Latha and the 2nd Appellant/A2 is the mother-in-law of the deceased. On 28.8.1998, the marriage between the deceased and A1 took place and the deceased gave birth to a female child and they were residing at Door No.1162, TNHB Colony, Tiruchy Road, Coimbatore. At the time of their marriage, the Appellants demanded a sum of Rs.40,000/- towards marriage expenses and 40 sovereigns of jewels as dowry and the parents of the deceased gave a sum of Rs.40,000 to the Appellants and a sum of Rs.10,000/- was repaid to the parents of the deceased. Thereafter, frequently the Appellants tortured and harassed the deceased by demanding jewels, money, a motor cycle and a house from her parents. Unable to tolerate with the torture and harassment meted out to the deceased, on 27.12.2000 at 1500 hours, she committed suicide by hanging.

b. PW.1 Thangavelu, who is a Milk Vendor, is the friend of A1. PW.2 Alagammal and PW.3 Perumal are the mother and father of the deceased. PW.4 Ganesan is the Uncle of the deceased. On 27.12.2000 at 3.00 p.m. PW.1 went to the house of the accused to supply milk and found the sister of A1 knocking the door, which was locked inside and PW.1 brought A1 and they broke open the door and found the bedroom locked inside and broke open the door of the bedroom and found the deceased hanging in the ceiling fan and immediately, they took the deceased to the Sriram Hospital in a Auto and thereafter, she was taken to the Government Hospital, Coimbatore, where she was declared dead after examination. Immediately, the parents of the deceased had come to the hospital after being informed by the neighbours that their daughter had been taken to the Hospital. On receipt of information, PW.11 Inspector of Police attached to the B5 Singanallur Police Station went to the said Hospital and PW.1 gave complaint Ex.P1 to PW.11. On receipt of the complaint Ex.P1, PW.11 registered a case in Cr.No.802/2000 under Section 174 of Code of Criminal Procedure and prepared printed FIR Ex.P6 and sent the copies to the concerned Deputy Superintendent of Police and the concerned Revenue Divisional Officer and other officials.

c. On receipt of FIR, PW.12 the Revenue Divisional Officer conducted inquest on the body of the deceased and examined PW.1 to PW.4 and recorded their statements and Ex.P8 is the statement of PW.2 and Ex.P9 is the statement of PW.3 and opined in the Ex.P16 inquest report that the deceased died not due to dowry harassment and PW.12 sent the body of the deceased for post mortem through PW.9 Head Constable attached to the said Police Station.

d. PW.10 Dr.Ganadurai attached to the Government Hospital, Coimbatore on 28.12.2000 in receipt of requisition from the said Police Station conducted post mortem on the body of the deceased and opined in the post mortem certificate Ex.P4 that the deceased died of hanging and vicera does not contain any poison.

e. On receipt of FIR, PW.13 the Deputy Superintendent of Police (L&O), Coimbatore took up the case for investigation and on 28.2.2000 at 8.00 a.m. went to the place of occurrence and prepared observation mahazar Ex.P3 and a rough sketch Ex.P18 in the presence of the witnesses Soundararajan and Krishnasamy and took photographs and seized MO.1 rope in