The main legal point established in the judgment is the interpretation and application of the provisions of Sections 498-A and 304-B of the Indian Penal Code, and Section 113-B of the Indian Evidence Act in establishing the guilt of the accused in a case of dowry harassment and death.

Challenge in this criminal appeal is to the conviction and sentence dated 11.10.2004 passed in Sessions Case No.84 of 2004 by the Additional District and Sessions cum Fast Track Court No.I, Thanjavur.

2. The nubble of the case of the prosecution is that the complainant by name Elangovan is a resident of Puliyangudi Village and he is the maternal uncle of the deceased Babi @ Sudha and she has been given in marriage to the accused on 08.07.2002 and at the time of marriage she has been given 20 sovereigns of gold jewels, cash of Rs.15,000/-, household articles worth of Rs.5,000/-. The deceased has been brought up by the complainant. During the month of Aadi, both the deceased and accused have come to the house of the complainant and the complainant has given a half sovereign gold ring and also new cloths to the accused and deceased. After a lapse of two months, a tussle has arisen with regard to 'seervarisai' stating that the properties given to the accused and deceased are not sufficient. The accused has mortified the deceased very often and directed her to get money and the same has been conveyed to the complainant by the deceased. The complainant and his brother-in-law viz., Venkadapathi have gone to the village of the accused and effected compromise. Even after compromise, tussle has arisen frequently. The accused has pledged all the jewels given to the deceased. On 04.12.2002 the deceased has come to the house of the complainant and asked Rs.10,000/- and the deceased has told the complainant that the said amount has been demanded by the accused. The complainant has replied that he would give the same after one month. The deceased has gone to the house of her senior paternal uncle which situate in Kumbakonam. On 06.12.2002 the accused and his mother have gone to the house of senior paternal uncle of the deceased and taken the deceased to marital abode and on 12.12.2002 at about 11.00 a.m. the complainant has received a phone call stating that the deceased has passed away and subsequently he has given the complaint which has been marked as Ex.P1.

3. On receipt of Ex.P1, the investigating agency has done investigation and after completing the same laid a final report on the file of the District Munsif cum Judicial Magistrate Court, Pabanasam and the same has been taken on file in P.R.C.No.23 of 2003. The case has been committed to the Court of Sessions, Thanjavur Division and subsequently transferred to the file of the trial Court in Sessions Case No.84 of 2004.

4. On the basis of the alleged culpability of the accused and other connected documents, the trial Court has framed charges against the accused under Sections 498-A and 304-B of the Indian Penal Code and the same have been read over and explained to him. The accused has denied the charges and claimed to be tried.

5. On the side of the prosecution, PWs.1 to 14 have been examined and Exs.P1 to P9 and MO.1 series have been marked.

6. When the accused has been questioned under Section 313 of the Code of Criminal Procedure, as respects the incriminating circumstances appearing in evidence against him, he denied his complicity in the crimes. However no oral and documentary evidence have been let in on the side of the accused.

7. The trial Court, after perpending the evidence available on record, has found the accused guilty under Section 498-A and 304-B of the Indian Penal Code and sentenced him to undergo 10 years rigorous imprisonment under Section 304-B of the said Code and no separate punishment has been imposed under Section 489-A of the Indian Penal Code. Against the conviction and sentence passed by the trial Court, the present criminal appeal has been filed at the instance of the accused as appellant.

8. The sum and substance of the case of the prosecution is that the deceased viz., Babi @ Sudha has been given in marriage to the accused on 08.07.2002 and at the time of marriage she has been given 20 sovereigns of gold jewels, cash of Rs.15,000/- and hous