A-1 in the Sessions case in S.C.No.66 of 2006 on the file of the learned Additional Sessions Judge, Mahalir Needhimandram, Perambalur is the appellant.

2. A-1's mother is A-2. They were tried for charges under Section 498-A and 304-B IPC.

3. After trial, the Trial Court acquitted both from the charge under Section 304-B IPC. The Trial Court also acquitted A-2 from the charge under Section 498-A IPC. However, convicted A-1 under Section 498-A IPC. and sentenced him to 3 years R.I. and fined him Rs.2000/- in default to undergo 5 months R.I. A-1 has paid the fine amount.

4. The case of the prosecution briefly runs as under:

(1) On 6.12.1998, A-1 married Vetriselvi, the elder daughter of PWs-1 and 2. Her brother and sister are PWs-3 and 4. At the time of marriage, several dowry items were given to A-1. It was acknowledged by his uncle/P.W.5 under Ex.P1.

(2) Vetriselvi started her marital life in her husband's house in Perambalur. A-1 harassed his wife for more dowry. A-2 also tortured her. She became pregnant. On 2.5.1999, PWs-1 and 4 came to A-1's house to take Vetriselvi to their home. A-1 told them that he will send her later. Secretly Vetriselvi handed over Ex.P-2 letter to her sister/PW-4. In Ex.P-2 cruelties to which she was subjected to at the hands of A-1 and A-2 have been mentioned. On return home, PW-4 and the whole family read Ex.P-2 and came to know about the cruelty to which Vetriselvi was subjected to in her matrimonial home.

(3) In this backdrop of the matter, on 27.5.1999, in her matrimonial home, Vetriselvi self immolated herself. She died. On 27.5.1999, midnight, at the Perambalur Police Station, A-1 reported (Ex.P-20) this to PW-12/S.I. of Police. He registered a case of suspicious death under Section 174 Cr.P.C. (Ex.P-21 F.I.R.). He sent the original F.I.R. to PW-11 Revenue Divisional Officer (R.D.O.), Perambalur. PW-11 conducted enquiry and examined PWs-1 to 4 and also the accused and recorded their statement (Exs.P-3, P-6, P-7, P-14 to P-18). PW-11 reported (Ex.P-19) police that she committed suicide due to dowry harassment.

(4) Janagaraj, the then Deputy Superintendent of Police, Perambalur Sub-Division took up his investigation. He visited the scene place. In the presence of witnesses, he prepared Ex.P8 Observation Mahazar. He examined the material witnesses and recorded their statement under Section 161 Cr.P.C. At the Government hospital, Perambalur PW-9 conducted post-mortem on the dead body of the deceased. He opined that she died due to extensive burn injuries (Ex.P-11 post-mortem certificate).

(5) Concluding his investigation, the D.S.P. filed the final report before the committal Magistrate for offences under Section 498-A and 304-B I.P.C. as against A-1 and A-2.

5. The learned Magistrate furnished them copies of documents under Section 207 Cr.P.C. Committed the case to the Court of Principal Sessions Judge, Perambalur. The learned Principal Sessions Judge, made over the case to the learned Additional Sessions Judge, Mahalir Needhimandram, Perambalur for trial.

6. The learned Additional Sessions Judge after hearing both sides and on consideration of the case-records framed charges under Section 498-A and 304-B I.P.C. as against A-1 and A-2 and explained to them. They denied the charges.

7. To substantiate the charges, prosecution examined PWs-1 to 13 and marked Exs.P-1 to P-21.

8. The Trial Court examined the accused under Section 313 Cr.P.C. on the incriminating aspects appearing in the prosecution evidence. They denied their complicity. They did not let in defence evidence.

9. Upon hearing both sides and on consideration of the evidence adduced, the trial Court acquitted A-1 and A-2 from the charge under Section 304-B IPC. The trial Court also acquitted A-2 from the charge under Section 498-A IPC. However, relying on Ex.P-2, the trial Court convicted A-1 under Section 498-A IPC and sentenced him to 3 years R.I with fine and with default sentence.

10. The learned Senior Counsel for A-1 contended that th