JUDGMENT :

(Prayer: Criminal Appeal filed under Section 374(2) Crl.P.C. against the judgment dated 22.2.2017 passed in S.C.No.149 of 2016 by the Magalir Neethimandram (Fast Track Mahila Court), Erode.)

1. The Criminal Appeal has been filed challenging the judgment of conviction and sentence dated 22.2.2017 rendered by the Court of Sessions, Mahalir Neethimandram (FTC), Erode.

2. The conviction and sentence imposed against the appellant are as under:

3. The case of the prosecution is as under:-

(i) The deceased Mahadevi and the accused were working together and they fell in love with each other and got married on 18.11.2010 in Bhagavathi Amman Temple, Gobichettipalayam. After the marriage, they were living with the parents of the accused at Door No.19/7, Ganguwar Street, Modachur, Gobichettipalaym. Out of the wedlock, they have a child aged 4 years named Kaushik.

(ii) The accused had initially gone to work in a Company at Thiruppur and thereafter, he became addicted to alcohol and did not go for work. Therefore, there were frequent wordy quarrels between the husband and wife. Two months prior to the occurrence, the accused frequently consumed alcohol and did not go for work. When it was questioned by the deceased, the accused scolded her and picked up wordy quarrel with her and harassed her. The deceased, unable to tolerate the harassment of the accused, attempted to commit suicide by hanging by locking the door of the room in the house and the accused had climbed the roof, removed the tiles, went into the room and saved the life of the deceased Mahadevi. Even thereafter, the accused continued with his drinking habit and did not go for work. When it was questioned by Mahadevi, there used to be quarrel.

(iii) On 16.6.2016, in the morning hours, the deceased Mahadevi had requested the accused to go for work. Infuriated by that, the accused got angry with Mahadevi and harassed her and had abused her by saying that “you are shouting at me”. He had scolded her by saying that since she was alive, she was shouting at him to go for work and if only she really hangs to death like the earlier attempt, he would be peaceful and that he had asked her to die by hanging. Unable to tolerate the harassment, the deceased Mahadevi had decided to commit suicide and in between 10.00 pm on 16.6.2016 and 4.00 am on 17.6.2016, she had committed suicide by hanging with her saree in the cross beam of the house situated at Door No.19/7, Ganguwar Street, Modachur owned by the accused.

(iv) On intimation about the suicide, PW9, Ravikumar, Village Administrative Officer gave a complaint Ex.P9 to the respondent police on 17.6.2016 at 9.00 hours.

(v) Based on the complaint, PW10 registered a case in Crime No.427 of 2016, Ex.P10 under Section 174 Cr.P.C and forwarded copies of the FIR to the Sub Collector, PW7 and to PW16, Deputy Superintendent of Police.

(vi) PW11, Grade I Constable handed over copies of the FIR to the Sub Collector and the Deputy Superintendent of Police.

(vii) PW16, Deputy Superintendent of Police received the FIR and took up the investigation of this case and went to the scene of occurrence at 10.30 am and in the presence of witnesses PW13 and another person, prepared the observation mahazar, Ex.P12 and rough sketch Ex.P15 and recovered Saree M.O.1 which was partly burnt, in the presence of the witnesses and recorded the statement of the witnesses. He also enquired the witnesses PW9-Ravikumar, PW1-Amutha, PW5-Soniya, PW13-Murugan and other witnesses and recorded their statements. On the same day, he also directed the photographer PW3 to take photographs. PW3, took 5 photographs and converted them into a CD, E.P1 series. PW16, thereafter, enquired the witnesses and recorded their statements.

(viii) On 17.6.2016, at 6.00 pm, PW14 woman constable Rukmani, recovered the clothes of the deceased M.O.s 2 to 7 and handed over in the police station. PW16 had seized the same under Form 91 from PW14 and sent them to the Judicial Magistrate on 18.6.2016.

(ix) Mea