JUDGMENT :

(Prayer: Criminal Appeal filed under Section 374(2) of Criminal Code Procedure, to set aside the judgment of conviction passed in Sessions Case No.137 of 2014 dated 28.2.2019 on the file of the Mahalir Neethi Mandram (Mahila Court), Coimbatore and allowing the Appeal throughout by acquitting the Appellants.)

1. Challenging the judgment of conviction and sentence imposed by the Mahalir Neethi Mandram (Mahila Court), Coimbatore in Sessions Case No.137 of 2014 dated 28.2.2019, the present Criminal Appeal has been filed by the accused.

2. The case of the prosecution, as evinced from the prosecution witnesses and the complaint lodged by the de facto complainant is as under:-

(i) The marriage between her daughter and the accused, who is the son of the cousin of her husband was conducted on 27.8.2010 at Bishop Ambrose Marriage Hall, Pothanur in the presence of elders belonging to both the families. She had come to know that her daughter Gayathri was in love with A1 Thirupathi and that both the families joined together performed the marriage. After the marriage, her daughter was living at Kasthuribai Nagar, Chettipalayam in her husband’s house alongwith her father-in-law and mother-in-law.

(ii) During January 2011, the accused had sent her daughter for money to arrange for a nuclear family and she had given some money at that time. Thereafter, they had sent their daughter during January 2012 asking for money to construct a house. PW1 had told her daughter that she would speak to her father.

(iii) Whileso, on 29.1.2012, at 4.30 pm, she had received an information that her daughter was lying dead in her home and that she had suspected that her delay in paying money would be the cause for the death. On the same day, at 11.55 pm, she had given a complaint, Ex.P1 to the respondent police.

(iv) Based on the complaint, PW21, Sub Inspector of Police, All Women Police Station, Perur registered a case in Crime No.4 of 2012 under Section 174 Cr.P.C. and prepared the First Information Report, Ex.P12 and forwarded copy of the FIR to PW16, the Revenue Divisional Officer, Coimbatore and another copy to PW22, the Deputy Inspector of Police/Investigating Officer and to other officials.

(v) On the same day, PW22, received the FIR and on the next day at 11.30 am, PW22 visited the scene of occurrence and prepared rough sketch Ex.P13 and observation mahazar Ex.P3 in the presence of witnesses Velliangiri and Ramachandran. On the same day, he had recovered M.O.1 nylon saree, which was hanging from the ceiling, M.O.2 Nokia black colour mobile phone and M.O.3 Airtel Sim Card under the recovery mahazar, Ex.P14. He had forwarded the same to the court under Form 95, Ex.P15. On the same day, after the inequest was conducted by PW16, he had enquired the witnesses PWs.1, 2, 4, 10 and 11. Thereafter, on 31.1.2012, he had altered the FIR to one under Section 498A and 306 IPC. He, thereafter, sent the alteration report, Ex.P16 to the court. On the same day at 11.30 am, he arrested all the accused near Coimbatore Medical College Hospital. The first accused, thereby had given a voluntary confession and it was recorded in the presence of PW19 and PW14. Thereafter, PW22 had gone to the scene of occurrence alongwith the accused and later took them to Pothanur All Women Police Station and after making entries in the police station, remanded the accused.

(vi) On 2.2.2012, PW22 had enquired P.Ws.3, and 5 and on 5.2.2012, he had enquired P.Ws.2, 9 and 17. Thereafter, he gave a request to the court to send the M.Os. for chemical analysis. Thereafter, on 19.2.2012, he had enquired PW13 and PW6 and recorded their statement. On 25.2.2012, he received files in respect of Petition No.28 of 2011 from Pothanur All Woman Police Station and thereafter, on 10.3.2012, conducted enquiry in respect of the petition and recorded the statement of PW20, Sub Inspector of Police and PW18 and PW7. On 23.3.2018, he examined PW16, the Revenue Divisional Officer and PW12, Dr.Jayasingh, President o