The central legal point established in the judgment is the application of provisions related to cruelty, abetment of suicide, and presumption of abetment under the Indian Penal Code and the Indian Evidence Act.

Murugesan @ Subramaniam was convicted for the offences under Secs. 498-A and 306 I.P.C. by the trial Court for having tortured and abetted his wife Poonkodi to commit suicide by self-immolation within 11 days of their marriage.

2. The facts leading to the conviction of the appellant are as follows:-

(a) Ponnambalam (P.W.1) and Chellathai (P.W.2) are the parents of the deceased Poonkodi. She got married to the appellant Murugesan on 30-8-1990. Ex. P-1 is the marriage invitation. P.Ws.1 and 2 gave 13-1/2 sovereigns of jewels and other household articles for the marriage of their deceased daughter. The marriage expenses were borne by both the parties. .

(b) Since old banana tree was tied in the panthal at the time of marriage, there was a quarrel. So, on the date of marriage, the said old banana tree was replaced by a new banana tree. After the marriage was over, both the bride (the deceased) and bride-groom (the appellant) came to the house of P.W.1 and stayed there and celebrated the 'Shanthi Muhurtham' function.

(c) Next day, the appellant again picked up quarrel over the conduct of the person who tied the old banana tree in the marriage panthal and told that he would beat that person with chappal. P.W.2, the mother of deceased, questioned him as to who would be beaten. On this, there was a wordy quarrel. Thereafter, the appellant was pacified. He told that he would take oil bath only when P.W.2, the mother of the deceased, came and asked for apology by prostrating before him. Ultimately, the parents of the appellant came there and pacified him. Thereafter, the appellant took oil bath. Next day, P.Ws.1 and 2 sent both the deceased and the appellant to their house along with stridhana articles.

(d) Within few days, at Ayanavaram, in the house of P.W.1's another daughter, the 'Valaikappu' function was held. For that function, both the appellant and the deceased were invited. At that time, both P.Ws.1 and 2 enquired the deceased. For that, the deceased told them that she was being harassed and beaten by her husband daily.

(e) On 8-9-1990, both the deceased and the appellant came to the house of P.W.1. On that date, P.W.1 gave Rs. 1,500/- to the appellant as he agreed earlier. At that time, the deceased said that she would not go along with the appellant, since she would be again beaten. However, she was pacified by both P.Ws.1 and 2 and accordingly, she went along with the appellant.

(f) On 10-9-1990, at about 1.30 p.m., P.Ws.1 and 2 were informed by the brother of the appellant that the deceased poured kerosene and set ablaze herself and since her condition was serious, she was taken to Kilpauk Medical College Hospital. Both P.Ws.1 and 2 went to the hospital and saw the victim, the deceased. The victim was found with full of burn injuries. She was in unconscious stage. Within few hours, she died.

(g) P.W.1 came to Pulianthope Police Station and gave a complaint to P.W.12 Inspector of Police and he registered the same under Section 174, Cr.P.C. for suspicious death. Ex.P-2 is the complaint.

(h) P.W.13 Assistant Commissioner of Police took up further investigation and went to the scene and observed all the formalities. Then, he sent a report to the P.W.9 Tahsildar-cum-Executive Magistrate requesting him to conduct inquest. P.W.9 came and examined witnesses, Exs.P-8 and P-9 are the statements, of P.Ws.1 and 2 and thereafter he sent his report.

(i) On receipt of report from P.W.9 Executive Magistrate, P.W.13, altered the F.I.R. for the offences under Sections 498-A and 306, I.P.C. P.W.5 Doctor attached to the Kilpauk Medical College Hospital conducted postmortem on 11-9-1990. After noting down the injuries, she issued Ex.P-3 post-mortem certificate. She found that the deceased would appear to have died of shock due to external bum injuries.

(j) P.W.14 another Assistant Commissioner of Police took up further investigation, examined other witnesses, arrested the accused on 12-9-1990 and sent him for remand. After investigation was over,