The main legal point established in the judgment is the requirement of clear and consistent evidence to prove the offence of abetment under section 306 IPC, and the necessity of mens rea for conviction.

1. The challenge in this appeal is to the Judgment dated 10.05.2006 made in SC.No.113/2005 passed by the learned I Additional District Judge, Full Additional Charge, Mahila Court, Salem, convicting the appellant who is arrayed as A2 for the offence u/s.306 IPC and sentencing her to undergo 5 years rigorous imprisonment and to pay a fine of Rs.500/- and in default to undergo 4 months rigorous imprisonment.

2. There are 2 accused in this case, viz., A1 and A2 and the learned Trial Judge, disbelieving the prosecution case, acquitted A1 and convicted A2 as stated bove.

3. The background facts of the case are here under:-

[a] A1 and the deceased Jayabharathi got married on 09.03.2000. A2 is the sister of A1. After marriage, A1 and the deceased were living with A2 at Nehru Nagar, Perumalaikoodal. Out of the wedlock of A1 and the deceased, a female child was born. P.Ws.1, 8 & 9 are the brother, father and the mother of the deceased respectively. At the time of marriage, the deceased was given gold jewelries and A1 was given 2 sovereigns of gold chain. A1 was working as a Chemist in Adithya Company manufacturing Masala. The deceased studied law after graduation. There were petty quarrel between the deceased and A1.

[b] On 01.01.2003, A1 along with the deceased came to the house of P.W.1 and left their child and went for purchasing Fridge on the New Year Day. Thereafter, P.W.1 was informed by his mother, P.W.9 that A2 rang up at 11.30 a.m. informing that A1s father was admitted in the hospital and requested P.W.8, the father of the deceased to talk to the deceased over the phone. When P.W.8 rang up, there was no response. By that time, P.W.9 returned to their house. Again they tried to contact the deceased over the phone, but there was no response. P.W.8 contacted P.W.1s uncle one Arumugam and requested him to verify from the house of A1 about the deceased. As there was no response even thereafter, again he rang up and the phone call was attended by A2. At that time, A2 informed that the deceased hanged herself after a wordy quarrel. After informing the relatives, P.Ws.1, 8 and 9 left for the house of A1. On the way, they met A2 at the bus stop, but they did not talk to her. On reaching A1 they found the deceased lying dead. A1 informed that the deceased committed suicide by hanging herself.

[c] P.W.8, the father of the deceased went to the respondent Police Station on 01.01.2003 at 00.00 hours midnight and gave a report, Ex.P.1 to P.W.12 the Sub-Inspector of Police, who registered a case in Crime No.1/2003 for the offence u/s.174 Cr.P.C. Ex.P.10 is the FIR and he sent the same to the higher police officials, RDO and to the court concerned.

[d] P.W.13, the Deputy Superintendent of Police received the FIR on 02.01.2003 at 6.00 a.m. and went to the scene of occurrence. He prepared Ex.P.1-Observation Mahazar and Rough Sketch-Ex.P.12. He has also made arrangements to take photographs of the scene through the photographer.

[e] P.W.7, the Revenue Divisional Officer received the FIR from P.W.12, the Sub-Inspector of Police at 7.00 a.m. on 02.01.2003. He held inquest on the dead body of the deceased on the same day at 8.00 a.m. in the presence of witnesses and Ex.P.8 is the Inquest Report. He examined the parents of the deceased and A1. As there was a suspicion in the death, he sent the body for postmortem and requested the police to conduct investigation.

[f] P.W.13, in continuation of the investigation, examined P.Ws.8, 9 and others and sent the body for postmortem.

[g] The doctor, P.W.5 attached to the Government Hospital, Mettur conducted postmortem on the dead body of the deceased on 05.01.2003. Ex.P.4 is the Post Mortem Certificate wherein he has found the following injuries:-

"[1]A bluish black rope mark 1 cm breadth above the thyroid cartilage runs horizontally backwards encircling the neck completely. On dissection of rope mark subcutaneous echymosis present which is antemortal. Base of the rope mark is pale. Trachea,