The court emphasized that convictions under IPC Sections 306 and 498A require proof of abetment or cruelty, upheld by consistent and reliable evidence, which was lacking in this case.

JUDGMENT :

1. This Criminal Appeal had been filed to set aside the judgment of conviction and sentence passed by the learned Sessions Judge, Fast Track Mahila Court (Mahalir Neethimandram), Chennai, in S.C. No. 150 of 2014, dated 02.06.2017.

2. The brief facts, which are necessary for the disposal of this Criminal Appeal, are as follows:

2.1 The deceased Daisy @ Selvi was married to the first Accused on 07.09.2012. It was an arranged marriage. After marriage, the deceased Daisy @ Selvi was residing along with her husband, father in law, mother-in-law. Their marriage was performed three months prior to the alleged occurrence. On 16.12.2012, the deceased Daisy @ Selvi was brought to Kilpauk Medical College Hospital by her mother-in-law Kaveri stating that she alleged to have committed self immolation in the morning by around 5:15 A.M in their house.

2.2. On intimation given by the hospital authorities, P.W-19-Banu Priya, Sub-Inspector of Police rushed to the burns ward in the hospital and recorded the statement given by the deceased. Since the body of the deceased was completely burnt, P.W-19 could not get the thumb impression. Therefore, P.W-19 obtained the toe impression from the left leg of the deceased. Ex.P-14 is the statement recorded by P.W-19 from the deceased. Thereafter, P.W-19 proceeded to the Police Station and registered the case in Crime No.1700 of 2012 for the offence under Section 309 of I.P.C. Ex.P-15 is the First Information Report. P.W-19 sent the original complaint under Ex.P-14 and the original F.I.R, Ex.P-15 to the Court as well as the higher Police Officials. Since the deceased in her statement had stated that she committed self immolation within three months of her marriage, intimation was also sent to the Executive Magistrate, District Collector, Chennai. Also, P.W-19 sent a requisition letter to the jurisdictional Metropolitan Magistrate to record the dying declaration of Daisy @ Selvi.

2.3. On the basis of such intimation, P.W-17 Vijayarani, learned VIII Metropolitan Magistrate visited the burns ward in Kilpauk Medical College Hospital at around 1.40 p.m. on 16.12.2012. She enquired the injured victim who was undergoing treatment. P.W-16-Doctor Sankari had certified that the deceased is in a fit state of mind and also issued a certificate regarding the mental alertness of the victim. After satisfying that the victim is able to speak and respond cogently, P.W-17 recorded the dying declaration of the injured victim Daisy @ Selvi under Ex.P-10. Under Ex.P-10, it was stated that the husband and sister-in-law of the deceased have poured kerosene and set her ablaze. Therefore, under Ex.P-10, the deceased sought to take appropriate action against them.

2.4. P.W-20, Inspector of Police, on receipt of a copy of the First Information Report and other records proceeded to conduct investigation in this case. He recorded the statement of Epsy Lilli Bai-P.W-1 and one Nagaraj. He also proceeded to the scene of occurrence where the deceased suffered burn injuries and prepared an observation mahazar under Ex.P-17 and rough sketch under Ex.P-18 in the presence of witnesses. He had recovered a green plastic bottle which had smelled kerosene. He also recovered a burnt match stick and match box and recovered the same under Ex.P-19, Mahazar. Later, he went to the hospital and recorded the statement of Doctor Balamurugan-P.W-14 and collected the Accident Register from him. He also recorded the statement of Dr. Shankari-P.W-16 in the hospital. T