JUDGMENT

(Prayer: Criminal Appeal filed under Section 372 of the Criminal Procedure Code, praying to call for the records pertaining to the judgment of acquittal passed in S.C.No.23 of 2014 on the file of the Assistant Sessions Court, Virudhunagar, Virudhunagar District and quash the same and consequently convict the respondents 1 & 2 under Sections 306 & 498(A) of IPC.)

1. The accused/respondents 1 & 2 herein, who were arrayed as A-1 and A-2 were charged and tried before the Assistant Sessions Court, Virudhunagar District in S.C.No.23 of 2014 for the offences under Section 306 and 498(A) of Indian Penal Code, and the trial Court found that the prosecution having not proved the case as against the accused/respondents 1 & 2 beyond reasonable doubt, acquitted the accused/respondents 1 & 2 herein. The petitioner/P.W.1 aggrieved by the said order of acquittal has preferred the present appeal. For the sake of convenience, the appellant petitioner is hereafter referred to as the de facto complainant and respondents 1 and 2 are referred as A1 and A2.

2. The brief facts, that are necessary for disposal of this appeal, are as hereunder:-

2.1. It is the case of the prosecution that due to cruelty meted out by A-1, who is the husband of the deceased and A-2, who is the father of A-1, in drunken mood, the deceased Theerthakarai committed suicide by self immolation by pouring kerosene over her body at about 1.00 a.m. on the intervening night of 8.06.2013 and 9.06.13. The deceased was taken to the Government Hospital for treatment and on the basis of information given by the deceased, the third respondent, the Law Enforcing Agency, registered a case in Crime No.119 of 2013.

2.2. P.W.1, the de facto complainant, is the father of the deceased Theerthakarai; P.W.2 is the mother of the deceased and P.W.3 is the brother of the deceased. The marriage between the deceased and A-1 was solemnized during the month of February 2010 and they were blessed with a male child. The habit of A-1 consuming alcohol led to matrimonial disputes between the spouses and on the fateful day, i.e., on 08.06.2013 at about midnight 01:00 a.m., the deceased committed suicide by pouring kerosene over her body and setting herself on flames. She was taken to the Government Hospital, Madurai , for treatment, where she succumbed to the burn injuries after five days of the occurrence.

2.3. On information, the law enforcing agency, initially registered a case on the basis of the statement of the deceased Theerthakarai. In view of the deteriorating condition of the deceased, on account of the burn injuries, the dying declaration of the deceased was recorded by P.W.14, the learned Judicial Magistrate, which was attested to by P.W.1 and P.W.2. However, after the demise of Theerthakarai, a written complaint, Ex.P-1, was lodged by P.W.1 with P.W.13, Sub Inspector of Police, Aviyoor Police Station. On receipt of the said complaint, a case was registered by P.W.13 by preparing printed F.I.R., Ex.P-8. Since the death had happened within seven years of the marriage, inquest was conducted by P.W.12, the Revenue Divisional Officer. Printed F.I.R. was forwarded to the learned Judicial Magistrate and also to the higher officials, whereinafter P.W.15, the Deputy Superintendent of Police took up investigation. Thereafter, the investigation was handed over to P.W.16, the Inspector of Police, who went to the scene of occurrence and prepared observation mahazar, Ex.P-12 and drew the rough sketch. He examined witnesses and recorded their statements. He also examined the doctors and recorded their statements. The body of the deceased was sent for post-mortem and P.W.9, the doctor, conducted post-mortem on the body of the deceased. After completing the investigation, P.W.16 filed the final report against the accused/respondents for the offences u/s 306 and 498-A IPC.

2.4. The accused/respondents herein were furnished with the relied upon documents under Section 207 Cr.P.C. and the case was committed to t