The judgment emphasizes the importance of careful consideration of evidence, especially in cases where the burden of proof is reversed, and highlights the need for the prosecution's case to be free from falsehood and suppression of vital facts.

ORDER :

Prayer: Criminal Revision Case has been filed under Section 397 and 401 of Cr.P.C., to call for the records relating to the conviction imposed in the judgment dated 20.11.2017 made in C.A.No.27 of 2014 on the file of the IV Additional District and Sessions Court, Erode District at Bhavani confirming the conviction imposed in the judgment dated 04.03.2014 made in S.C.No.22 of 2007 on the file of the Assistant Sessions Court, Bhavani and set aside the same by allowing the criminal revision petition.

Smt.Prema, wife of Dharmalingam committed suicide by hanging on 20/11/2004. Her marriage was not with consent of her family members. She loved Dharmalingam the neighbouring land owner, who had boundary dispute with Prema’s family. However, being attracted, she eloped with him. After 3 days, when she came back home, her family members tried to separate them. Their attempt failed, then they insisted, she must execute release deed from the family property, which roughly estimated worth Rs.2,50,000/-. The deceased Prema obliged and thereafter, her marriage with Dharmalingam on 30/10/1998 was registered at the Sub Registrar Office. On the day, she executed deed releasing her 1/6th share in the family property. Since then her contact with her family members, except with her maternal grand parents was severed. After few years of her marriage, she got separated from the joint family of her husband and set up a nucleus family consisting of her husband and her girl child. They were living in the house constructed in the land of her husband at Elamatur Village, Sellappagoundenvalasu. In the said house, she was found dead by hanging on the night of 20/11/2004.

2.On hearing the death of Prema, her brother Sakthivel, an Advocate by profession gave a complaint to the respondent police alleging that Dharmalingam and his parents along with his cousin Thangavel demanded dowry of Rs.2,50,000/- during the marriage which he gave. Not satisfied, they demanded additional 2 ½ lakhs rupees and started harassing his sister Prema. They all teased her and abused demeaning her. Whenever she met her parents, she used to complaint about her husband for harassing her demanding dowry. Her father each time used to give Rs.10,000/- or Rs.20,000/- and send her back to the matrimonial home. His uncle Chandrasekar and Saravanan went to the house of Dharmalingam and tried to pacify the couple. A week before her death, Prema came to her mother and cried saying her husband (Dharmalingam) along with his parents treating her cruelty. They demand money and Thangavel call her as person of no means. On 20/11/2014 morning when he was in the field, Prema came and told him that she is subjected to torture and cried. He assured her that he will try to sort out the dispute through their uncle or through police complaint. That night he heard from his uncle that Prema died. Suspecting foul in her death, the complaint lodged for probing.

3.This complaint dated 21/11/2004 lodged at 2.00 p.m., was taken up for investigation in Crime No.380/2004 against 4 accused. On completion of the investigation, Final Report filed against the husband Dharmalingam alone alleging that at the time of marriage the accused demanded Rs.2.5 lakhs dowry and after receiving the money a release deed was obtained from her by her parents. The accused, after marriage caused cruelty continuously demanding dowry. The accused suspected the fidelity of his wife Prema. He had no sufficient means to live. So the deceased Prema took up employment in a Photocopy shop by name Sakthi Xerox Shop. He stopped her going for the job suspecting her fidelity. Soon before her death, the accused hit her with iron rod and caused injury to her left little finger. This cruelty forced Prema to commit suicide by hanging on 20/11/2004 between 08.30 p.m to 09.00 p.m. A week before her death, she wrote a letter to her maternal grand father and maternal uncle Chandrasekar about her plight complaining that she is confined by her husband an