JUDGMENT :

(Prayer: Criminal Appeal filed under Section 374 of the Criminal Procedure Code to set aside the judgment dated 09.01.2014 in SC No.255 of 2010 on the file of the Mahalir Neethi Mandram (Fast Track Mahila Court, Tiruvallur).)

1. The Sessions Judge, Mahalir Neethi Mandram, Tiruvallur, by judgment dated 09.01.2014, in S.C.No.255 of 2010 has convicted the appellants/A1 and A2 under section 498-A IPC and sentenced them to undergo Rigorous Imprisonment for 2 years each and also to pay a fine of Rs.2,000/- each, in default, to undergo Simple Imprisonment for 3 months each and under Section 304-B IPC and sentenced them to undergo Rigorous Imprisonment for 7 years each and directed that the sentences imposed on them to run concurrently and acquitted the appellants/A1 and A2 of the offence under Section 306 IPC and further acquitted A3 Elumalai of the offences under Sections 498-A, 306 and 304-B IPC and challenging the conviction and sentences imposed on them, the appellants/A1 and A2 have come forward with the present appeal.

2. Shorn of unnecessary details, according to the prosecution case, the marriage between A1 and the deceased Kotteeswari was held on 06.10.2008 and after the marriage, the accused A1, the deceased Kotteeswari, the mother of A1 namely A2,and the uncle of A1 namely A3 all resided at Othappai village as a joint family and on or before 24.03.2009, it is put forth that A1 to A3 subjected the deceased Kotteeswari to cruelty, harassed her and ill-treated her physically and mentally with a view to coerce her for obtaining a further sum of Rs.5.00 lakhs as dowry from her parents and the willful cruel acts of A1 to A3 were in such a manner to drive the deceased to commit suicide by hanging herself and accordingly it is alleged that A1 to A3 voluntarily abetted the deceased to commit suicide by subjecting her to cruelty as abovestated and thereby the deceased committed suicide on 24.03.2009 at about 11 a.m. in the abovesaid residential house by hanging herself and A1 to A3 had thus caused the dowry death of the deceased Kotteeswari, soon before her death and she was subjected to cruelty in connection with the illegal demand of a further sum of Rs.5.00 lakhs as dowry by the accused and as the abovesaid acts forced the deceased to commit suicide as aforestated within 7 years of marriage with A1, it is alleged that the accused A1 to A3 have committed the offences punishable under Sections 498-A, 306 and 304-B IPC.

3. The abovesaid case projected by the prosecution has been taken on file in PRC No.16 of 2009 by the District Munsif cum Judicial Magistrate, Uthukottai and after furnishing the copies of the documents relied upon by the prosecution to the accused on entering appearance and noting that the case levelled against the accused’ has to be tried exclusively by the Sessions Court, the aforestated District Munsif cum Judicial Magistrate has committed the accused for trial to the Principal Sessions Judge, Tiruvallur and the case had been taken on file as S.C.No.255 of 2010 and subsequently the case had been made over to the Sessions Judge, Mahalir Neethi Mandram, Thiruvallur for trial.

4. The Sessions Judge, Mahalir Neethi Mandram on a perusal of the records relied upon by the prosecution and after hearing the submissions of the Public Prosecutor and the accused noting that there are sufficient grounds for proceeding further against the accused, accordingly, framed charges against A1 to A3 under Sections 498-A, 306 and 304-B IPC and the accused, on being questioned with reference to the same, having pleaded not guilty and claimed to be tried, it is found that the case had been further proceeded with the trial.

5. To sustain the prosecution case, P.Ws.1 to 13 were examined and Exs. P1 to P10 were marked and no MO has been exhibited. On the closure of the prosecution evidence, the accused were examined under Section 313 of Cr.Pc with reference to the incriminating evidence tendered against them by the prosecution witnesse