The judgment emphasizes the need for clear mens rea and an active act or direct act by the accused to sustain a conviction under Section 306 IPC.

1. The criminal appeal arises out of the judgment of conviction and sentence dated 19.10.2004, made in S.C.No.535 of 2004 on the file of the Additional District and Sessions Court, Fast Track Court No.III, Chennai, whereby the accused was convicted for the offence under Section 306 IPC and sentenced to undergo six years rigorous imprisonment and imposed a fine of Rs.10,000/- in default in payment to undergo six months rigorous imprisonment.

2. The respondent has filed a charge sheet against the accused/appellant stating that the deceased Malarvizhi had conducted Diwali chit and she gave the chit amount to the accused, which was collected by way of chits. On 3.11.2002, when Malarvizhi asked the accused to hand over the chit amount, he told that he would give that amount on the next day (i.e.) on 4.11.2002. Till 4.00 p.m., on 4.11.2002, he did not repay the chit amount, the said Malarvizhi herself poured kerosene on her and set fire in the house of the accused. Thereby the accused caused abatement of suicide and hence, the respondent filed a charge sheet against him for the offence under Section 306 IPC.

3. The learned Sessions Judge after following the procedure, framed necessary charges against the accused. Since the accused pleaded not guilty, he examined the witnesses P.W.1 to P.W.24 and marked Exs.P1 to P14 and M.Os.1 to 19.

4. The case of the prosecution let in by the prosecution witnesses is as follows:

(i) The deceased Malarvizhi and her husband Kumar, who was examined as P.W.16, are having one petty shop and they also conducted a chit for Diwali and Pongal. She gave that chit amount to the accused, with whom allegedly she had an illegal intimacy. When she demanded the amount from the accused on 3.11.2002, he did not repay the same and he told her that on the next day he would be returned the same. Since he did not return that amount on 4.11.2002 till 4.00 p.m., the deceased Malarvizhi gone to the house of the accused and poured kerosene on her and set fire. The same has been evidenced by P.W.1/Venugopal, who was residing opposite to the accused house, stated that on 4.11.2002, at 3.00 p.m., when P.W.1 was in his house, there was hue and cry outside and therefore, he opened the door and saw the fire accident in opposite house (i.e.) accused house and he gave water to put out the fire. Then the people who were standing out side the house broke open the door and saw the deceased Malarvizhi was in the midst of flame. But she died on the spot itself. P.W.2/Dinesh Kumar is the owner of the accused house also witnessed the same. P.W.3 Appadurai, who is the younger brother of deceased Malarvizhi, stated that his sister was missing before Diwali and then he came to know that she was died in the accused house at 4.00 p.m. on 4.11.2002. P.W.4/Dakshinamurthy & P.W.5/Subramani who are her maternal uncle and relative respectively, also witnessed the same. But P.W.1 to P.W.3 and P.W.5 to P.W.7 were turned hostile, during their examination.

(ii) P.W.15 Pattu @ Pattammal, who is the mother of deceased, gave a complaint before P.W.24. She identified her signature in the complaint, which was marked as Ex.P4.

(iii) P.W.24/Devaraj, Inspector of Police, received the complaint given by P.W.15 and registered a case in Crime No.2307/2002 under Section 174 Cr.P.C. and prepared Ex.P14 printed F.I.R. Since Malarvizhi died within 7 years from her date of marriage, the F.I.R. has been forwarded to the Assistant Commissioner, Saidapet Division.

(iv) On 4.11.2002, P.W.22/Kaliyamurthy, Assistant Commissioner of Saidapet Division, after receiving F.I.R. copy from P.W.24, rushed to the place of occurrence and prepared Ex.P9 observation mahazar and drew rough sketch Ex.P10. Then he took steps to take photographs through P.W.14/Kandan, photographer and the photographs were marked as M.Os.1 to 11.

(v) On 4.11.2002, at 19.00 hours, P.W.22 seized M.O.12/melted white plastic cane under Ex.P12, M.O.13/melted black plastic cane under Ex.P13, M.