JUDGMENT :

(Prayer: Criminal Appeal is filed under Section 374(ii) of Criminal Procedure Code, to set aside the order of conviction dated 16.10.2015 passed against the appellant in the Sessions case No.35 of 2010 on the file of the learned Sessions Judge, Fast Track Magalir Neethimandram, Dharmapuri.)

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

2. Convicted accused/A1 is the appellant herein.

3. This criminal appeal is filed against the order dated 16.10.2015 passed in S.C.No.35 of 2010 on the file of the learned Sessions Judge, Fast Track Magalir Neethimandram, Dharmapuri, convicting and sentencing the accused under Section 498(A) of IPC for a term of three years rigorous imprisonment with fine of Rs.10,000/- in default to undergo imprisonment for six months.

4. The respondent police filed charge sheet alleging that the first and second accused are brothers while third and fourth accused are the parents. The deceased (Ambika) is the wife of the first accused. The marriage between the first accused/Gopal and the deceased (Ambika) took place 1 1/2 years back from 24.06.2009.

5. Further allegation of the prosecution is that the accused have made a quarrel with the deceased (Ambika) for not giving cloths and gold ring for the first Diwali. Further, it is also alleged that the said Ambika conceived, during the 7th month and the accused has not send her to her parent house. During, 9th month of pregnancy and while going to her parents house, the first accused had compelled the deceased (Ambika) to give two bangles. Further, after birth of female child namely, Gobika, the appellant had not evinced any interest to see her child. While, Ambika, after reaching the matrimonial home, after delivery, the accused have committed cruelty by compelling the deceased (Ambika) to do all the household works and agricultural works. Due to which, on 24.06.2009, the deceased (Ambika) along with 10 months baby viz., Gobika had tied the rope over their bodies and fell into the well and committed suicide.

6. Based upon the report given by Village Administrative Officer/P.W.1, Ex.P1/FIR was registered in Crime No.77/2009, Pachapalli Police Station, Dharmapuri, under Section 174 of Cr.P.C. After investigation, Section was altered into 304(b), 306 and 498(A) of IPC. On the receipt of the report of the RDO, P.W.15/Dhanapal was examined.

7. The Village Administrative Officer/P.W.1 of Panchapalli Village was the complainant in Crime No.77 of 2009 and on further investigation, the Section was altered from 174 of Cr.P.C., to 304B, 306, 498A of IPC and the first accused who is the appellant herein was arrested on 24.06.2009 and released on bail by the learned Principal Sessions Judge, Dharmapuri, he was under Judicial Custody of 35 days, thereafter, the investigation was completed by the respondent/complainant and charge sheet has been filed before the Judicial Magistrate, Palacode and the same has been numbered as P.R.C.No.35 of 2009 and taken on file.

8. P.R.C.No.35 of 2009 has been committed to the District Sessions Judge, Dharmapuri and the Principal Sessions Judge, Dharmapuri had made over the case to the Fast Track Mahila Court, Dharmapuri. On the basis of the final report filed by the respondent/complainant, the Fast Track Mahila Court, Dharmapuri has issued a summon to the appellant as well as the other accused namely the parents and brother of the appellant. In the Sessions case in S.C.No.35 of 2010, there are 17 witnesses has been examined and Exhibits 13 have been marked. On the basis of the final report, the learned trial Judge framed charges for the offence under Section 306, 498 of IPC.

9. During trial, in order to prove the charges of 306 and 498(A) of IPC, on the side of the prosecution, P.W.1 to P.W.17 were examined and Exs.P1 to P13 were marked.

10. In pursuance of the order dated 11.11.2014 passed by this Court in Crl.R.C.No.827 of 2010, the charge framed under Section 304-B of IPC has been deleted and original charges was restored as against the