JUDGMENT :

(Prayer: Criminal Appeal is filed under Section 378 of Criminal Procedure Code, to set aside the judgment of acquittal of the respondents/accused (A1 to A4) passed in Sessions Case No.103/2013, dated 30.01.2014 by the Mahalir Sessions (Fast Track) Court, Erode and convict the respondents/accused (A1 to A4) for the charges framed against.)

1. The matter is heard through “Video Conference”.

2. This Criminal Appeal is filed against the order of acquittal of the respondents/A1 to A4, passed in S.C.No.103 of 2013, by Mahilar Sessions (Fast Track) Court, Fast Track Court, Erode. The Inspector of Police Erode South Police Station, after investigation in Crime No.393 of 2012 had filed the charge sheet before learned Judicial Magistrate and taken on file as S.C.No.103 of 2013.

3. The case of the prosecution in brief is that

3(a) the marriage between the deceased and the accused(A1) was performed on 16.11.2011 and on that occasion, as demanded by the accused (A2 & A3), 50 sovereign of gold jewels, out of the marriage expenses of Rs.2,00,000/-, a sum of Rs.1,00,000/- and other seers of bureau, refrigerator, mixie and washing machine were given as dowry and the parents of the deceased agreed to pay the balance of Rs.1,00,000/- and a cot within, four months. Since, they did not pay as agreed after four months, the accused (A1) took the deceased (his wife) to her parent house and left her on 10.04.2012.

3(b) Then, on 14.04.2012, Balkees Bibi (mother of the deceased) and her sister’s son Hakkim brought back the deceased to her husband’s house (matrimonial home) and on seeing them, the accused persons abused them as they have not fulfilled the demand of dowry and also scolded the deceased as ”TAMIL” and the accused have also snatched the sim card from the deceased in order to prevent her to speak with her parents and family members and subjected her severe mental agony and tortured her and of the above acts of the accused persons, the deceased was forced to commit suicide, as she was unable to bear their torture and had no other option and in pursuance of the acts of all the accused persons, the deceased on 29.04.2012 at 1.00 pm, committed suicide in the house of accused(A2) by hanging herself in the ceiling fan with her saree.

4. During trial, on the side of the prosecution, P.W.1 to P.W.14 witnesses were examined and Exs.P1 to P18 were marked. Further, four material objects were marked.

5. The respondents /A1 to A4 were charged for the offence under Section 498(A), 306 of IPC. Ex.P3/report of the investigation officer and the independent witnesses of the family viz., PW1 to PW6, are supporting the charges framed against the respondents/A1 to A4.

6. The learned Government Advocate for the appellant would contend that there is a sufficient material for demand of dowry, which lead to suicide by hanging. Further, he would submit that the medical evidence of the Doctor and Forensic Department under Exs.P6 to P9 supports that the deceased has committed suicide by hanging.

7. Further, he would submit that the trial Court has failed to take into account of the clear co-gent evidence of PW1 to PW3 namely the relatives of the deceased Palkis Bibi, Ayeesha & Shiek Syed Hakim, the date of marriage between the deceased and the first respondent accused is on 16.11.2011 and she committed suicide by hanging at the accused house [matrimonial house) on 29.04.2012 within five months of the marriage she has died in an unnatural death in the matrimonial home, wherein all the four accused were residing. While the accused 2 is father in law of the deceased; accused 3 is the mother in law of the accused; accused 4 is the grand mother of the first accused (husband of the deceased).

8. In support of his contentions, the learned counsel for the respondents relied upon the following judgments, which are as follows:-

2010 (1) MWN (Cr.) 310 (M. Sathishkumar Vs. State by the Inspector of Police)

“Sections 306 & 307 - Suicide - Abetment of suicide - Ingredients - Unless est