The main legal point established is the requirement of immediate evidence of cruelty and specific instigation for abetment of suicide, emphasizing the necessity of mens rea in proving the charges.

G.M. AKBAR ALI, J.

All the appeals preferred against the conviction and sentence imposed by the learned Additional District and Sessions Judge Fast Track Court, Dindigul in S.C. Nos. 35 of 2000 and 73 of 2003 dated 7.1.2004.

2. Appeal against the conviction and sentence passed by the Additional District and Sessions Judge Fast Track Court, Dindigul convicting the appellants 1 and 2 for the offence punishable under Section 498-A IPC and sentencing them to undergo two years rigorous imprisonment and to pay fine of ` 1000/- each, in default, to undergo three months rigorous imprisonment and also convicting the 1st appellant for the offence punishable under Section 306 IPC and sentencing him to undergo 7 years rigorous imprisonment and to pay a fine of ` 1000/-, in default, to undergo 3 months rigorous imprisonment and the sentences to run concurrently.

3. The prosecution case is as follows: On an information given by the 1st appellant on 30.8.1996, regarding the unnatural death of his wife Eswari in his residence, the Inspector of Police, Thuthukudi Thermal Nagar Police Station registered a case in Cr. No. 65 of 1996 under Section 174 Cr.P.C, forwarded a printed first information report to the Revenue Divisional Officer and to the superior officers. On receipt of such information, the Revenue Divisional Officer, proceeded to the scene of occurrance around 4.20 p.m on the same day and conducted inquest on the deady body of the deceased. He examined witnesses which includes the parents and brothers of the deceased and sent a request for a post mortem. On completion of the post mortem it was found that the death was due to hanging and the Revenue Divisional Officer forwarded a report stating that the appellants have subjected the deceased to cruelty by demanding dowry, which resulted in her death and requested the Deputy Superintendent of Police to conduct an investigation.

4. One Mr. Varadaraju, the then Deputy Superintendent of Police, Thermal Nagar conducted, investigation. He examined various witnesses and obtained post mortem report and on completion of investigation, he laid a charge sheet before the learned Judicial Magistrate No. II, Tuthukudi against the appellants for the offences punishable under Sections 498-A and 306 IPC for demand of dowry and abetting the suicide.

5. On committal, the learned Additional District and Sessions Judge-cum-Fast Track Court No. 2, Tuticorin, framed the charges under Sections 498-A and 306 IPC against the accused and they have denied the charges. The trial was conducted. 18 witnesses were examined by the prosecution and 20 exhibits were marked. 6 exhibits were maked by the defence.

6. On the basis of the oral and documentry evidence, the learned Additional Sessions Judge found that the prosecution has proved both the charges beyond reasonable doubt and convicted and sentenced the appellants as above. Aggrieved by which, the appellants have come forward before this Court.

7. One Easwari was the daughter of Bagavathy Ammal. Nagalingam and Murugan are the brothers of Easwari and they belong to Perakalpudhur, Nagercoil. On 1.12.1991, Easwari was married to the 1st appellant and the marriage took place in a Kalyana Mandapam at Nagercoil. For the marriage, Easwari was given 30 sovereigns of jewels and a sum of ` 20,000/- was also given. The 2nd appellant is the mother of the 1st appellant. After the marriage, both the appellants and the deceased were residing at Thermal Nagar, Thuthukudi where the first appellant was working.

8. According to P.W.1 to P.W.3, the mother and brothers of the deceased, the appellants were demanding more jewels and properties. The deceased was not living happily with the 1st appellant. Whenever the deceased came to her mother’s house, she was complaining about the demands of the appellants not only to her mother and brothers and also to her neighbours, who were examined as P.Ws.4 to 6. In December, 1992, the deceased came to her parents house for delivery and she delive