The main legal point established is that continuous cruelty, financial demands, and instigation leading to suicide constitute offenses under Section 498-A IPC and Section 306 IPC. The admissibility and reliability of the dying declaration were crucial in establishing the accused's guilt.

(Prayer: Appeal is filed under Section 374(2) of the Code of Criminal Procedure against the Judgment dated 23.04.2009 made in S.C.No. 65 of 2008, on the file of the Sessions Judge, Mahila Court, Court of the Sessions of the Coimbatore Division.)

1. This appeal has been filed against the Judgment dated 23.04.2009 in S.C.No. 65 of 2008, on the file of the Sessions Judge, Mahila Court, Court of the Sessions of the Coimbatore Division.

2. The Sessions Court, had convicted the appellant/accused Abudhageer in S.C.No. 55 of 2008 by Judgment dated 23.04.2009 for commission of offences punishable under Section 498-A IPC and under Section 306 IPC and had sentenced him to undergo rigorous imprisonment for three years and fine of Rs.1000/-; in default simple imprisonment for one year for offence under Section 498-A IPC and rigorous imprisonment for 10 years and fine of Rs.1,000/- in default simple imprisonment for one year for offence under Section 306 IPC. It was directed that the period of sentence shall run concurrently.

3. The appellant is an appeal against the said Judgment.

4. The Inspector of Police, All Women Police Station (West) Coimbatore, had filed a final report in Crime No. 17 of 2007 charging the accused with commission of the offence punishable under Section 498-A IPC and under Section 306 IPC with relation to the death by burn injuries of his wife Pousiya Begum on 10.03.2007.

5. The Inspector of Police, in her final report stated that the accused had married the deceased Pousiya Begum some 12 years prior to 06.03.2007. The accused was often under the influence of liquor and quarrelled with his wife. He constructed a house and incurred debts. He demanded the deceased to bring money from her sisters/brother. He ill-treated her. On 04.03.2007 he demanded her to bring money from her brother-in-law by pledging the xerox copy of the sale deed of the property. The deceased refused. In the intervening night between 05.03.2007 and 06.03.2007, he continuously ill-treated and humiliated her and scolded her stating “TAMIL” and also gave her a kerosene can and match box and instigated her to pour kerosene over herself and light the match. Under such instigation and aid, she poured kerosene and ignited the match. She suffered extensive burn injuries and died on 10.03.2007 at Coimbatore Government Hospital.

6. The Judicial Magistrate No.I, Coimbatore, committed the case to the Court of Sessions and the Principal Sessions Judge, Coimbatore, made over the case to the Mahila Court, Coimbatore.

7. The Accused appeared before the Mahila Court, Coimbatore and charges were framed under Section 498-A IPC and under Section 306 IPC. The accused denied the charges and claimed to be tried.

8. The learned Mahila Court Judge then invited the prosecution to lead evidence and prove the charges. Accordingly, during trial, the prosecution examined 15 witnesses as PW-1 to PW-15. They also filed 14 Exhibits as Exs. P-1 to P-14. They also produced two material objects as MO-1 and MO-2. On conclusion of trial, the incriminating portion of the evidence was put to the accused under Section 313 Cr.P.C. His statements were recorded. On the side of the accused, one witness was examined as DW-1. Thereafter, upon hearing arguments, the learned Mahila Court Judge held that the prosecution had proved the charges beyond reasonable doubt and convicted the accused and imposed sentences as aforesaid.

9. The learned Sessions Judge found, as a fact, that the accused was addicted to alcohol and had also caused ill-treatment and cruelty to his wife. He also demanded money on many occasions. The accused had also asked PW-5 Sulaekha, the elder sister of the deceased and PW-7, her husband Jaffar Ali, to arrange for loan of Rs.1/- lakh over his property to settle his debts due to PW-10 Achuthan Bai. Since the property was already under mortgage, PW-5 and PW-7 expressed inability to arrange for loan. This led the accused to cause further ill-treatment of his wife.

10. The learned