IMPORTANT POINT
The essential ingredients for abetment to suicide require clear evidence of cruelty and intent, which were not established in this case, leading to the acquittal of the accused.

JUDGMENT :

R. HEMALATHA, J.

Prayer: Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, 1973 to set aside the judgment passed in S.C.No. 327 of 2010 dated 04.04.2016 by the Sessions Judge, District Mahila Court, Cuddalore.

1. This criminal appeal is filed against the Judgment and orders dated 04.04.2016, passed in S.C.No. 327 of 2010 by the learned Sessions Judge, District Mahila Court, Cuddalore.

2. The appellant is the accused in S.C.No. 327/2010 and is convicted and sentenced by the learned Sessions Judge, District Mahila Court, Cuddalore, as detailed hereunder:

3. The brief case of the prosecution as could be discerned from the oral and documentary evidence is as follows:

3.1. Anitha (deceased) was married to the appellant. Their marriage was solemnised on 30.04.2009 at Thillai Kaliamman Temple, Chidambaram. After the marriage, Anitha was residing with the appellant in his joint family. Subsequently, Anitha committed suicide by self immolation on 10.08.2009 at about 4 p.m by locking herself in a room in her matrimonial home.

3.2. Two months prior to the incident, the appellant had sent his wife Anitha (deceased) to her parent's home for getting a sum of Rs.10,000/- towards dowry. Subsequently, during the 18th day of Tamil month of Adi, the appellant reportedly demanded his wife Anitha to get him a gold chain and a motor cycle from her parent's house. Rajakumari (P.W.1), the mother of the deceased informed her husband Ramalingam (P.W.2) in this regard. P.W.2 was working as a coolie in an agricultural farm. He took his daughter to her matrimonial home and informed the appellant that he would get him a gold chain and a motor cycle during Deepavali Festival. However, P.W.1 and P.W.2 were informed that their daughter set herself ablaze. Both of them immediately rushed to the house of the appellant at Thillaividangan Village, where her daughter was lying dead.

3.3. P.W.1. immediately lodged a complaint (Ex.P.1) with Sub Inspector of Police, Killai Police Station, Cuddalore District, at about 4.30 p.m. On 11.08.2009, at about 9.30 a.m., Thiru.Askar Ali (P.W.6), the Sub Inspector of Police, Killai Police Station, registered an F.I.R. (Ex.P5) in Crime No. 113/09, under Section 174(3) Cr.P.C.

3.4. Since Anitha (deceased) died within 7 years of her marriage, P.W.6 sent the First Information Report to the Revenue Divisional Officer for enquiry. He then placed the entire records before Thiru.Ramachandran (P.W.10), the then Superintendent of Police, Sethiathope Division for investigation.

3.5. Dr.Saravanakumar (P.W.5) conducted autopsy on the body of the deceased on 11.08.2009 at 2.30 p.m and and found the deceased with 70% burn injury on her face, neck, chest,abdomen, back, both thighs and legs. P.W.5 sent the visceral organs of the deceased for analysis to the Forensic Department, and as per the forensic report no poison was detected in any of the organs. In the opinion of the doctor (P.W.5), the deceased 'would appear to have died of hypovolemic shock due to burn injuries'.

3.6. P.W.10 took up investigation in Crime No. 113/09, went to the scene of occurrence, prepared an Observation Mahazar (Ex.P2) and a rough sketch (Ex.P7) in the presence of the witnesses Vedanta Desikan (P.W.4) and Kavimani (not examined). He recovered a green colour Plastic Can of 5 litres capacity (M.O.1) and a match box (M.O.2) from the place of occurrence under the cover of a mahazar (Ex.P3) in the presence of the same witnesses. He then altered the Sections of law to 498 A, and 304 (B) IPC and sent the alteration report (Ex.P8) to the court.

3.7. Ganesan (P.W