ORDER

This Appeal has been filed by the appellant as against the order of conviction in S.C.No.41 of 2018 on the file of the learned Mahila Judge, Perambalur by judgment dated 18.12.2019.

2.The respondent/ Police registered a case in Crime No.317 of 2016 based on the complaint given by the mother of the deceased, PW-1 against the appellant under Section 174(3) Cr.P.C. (initially a case) and under 4(c) of Dowry Prohibition Act, 1961. Subsequently, after the inquest, during the investigation, the offence was altered under Sections 498 A and 306 I.P.C. After investigation, the Investigation Officer laid the charge sheet before the Judicial Magistrate, Perambalur for the offences under Section 498A, 306 and 304B I.P.C.

3.The learned Judicial Magistrate took the charge sheet on the file in P.R.C.No.5/ 2018 and committed the case to the Principal District and Sessions Judge, Perambalur. The learned Principal District and Sessions Judge had taken the case on file in S.C.No.41 of 2018 and made over the case to the Mahila Court, Perambalur, since, the offences are against a woman.

4.Learned Mahila Judge, after completing the formalities framed the charges against the appellant and other accused for the offences under Sections 498A, 306 and also 304 B I.P.C.

5.On conclusion of the trial, the learned Judge of Mahila Court acquitted 2nd and 3rd accused from all the charges and the appellant/ A1 was also acquitted of the charges under Section 306 and 304B. However, the appellant was found guilty for the offence under Section 498 A I.P.C. alone and convicted and sentenced A1 to undergo 3 years Rigorous Imprisonment. Challenging the said judgment of conviction and sentence, the first accused has filed the present Appeal before this Court.

6.The case of the prosecution is that the deceased was married to the appellant. Their marriage was solemnized on 02.11.2014. The said marriage was an arranged marriage and at the time of marriage, 20 sovereigns of gold and house hold articles worth about Rs.2,00,000/- (Rupees Two Lakhs only) have been provided. According to the prosecution, at the time of marriage, the parents of the deceased agreed to provide 30 sovereigns of gold. But they were able to provide only 20 sovereigns and agreed to provide the remaining 10 sovereigns of gold subsequently. The sister-in-law of the deceased had a dispute with her husband and was staying in her parental house. The appellant, in order to set-up a poultry farm, insisted the deceased to get a sum of Rs.2,00,000/- (Rupees Two Lakhs only) from her parents and all the accused also insisted to get the money and also provide further jewels and caused cruelty on her. Due to the demand of the remaining gold and also the money all the accused caused physical as well as the mental cruelty to the deceased. Therefore, on 12.05.2016 at about 5.00 p.m., the deceased consumed a pesticide of insects and she was admitted in the Government Hospital, Ariyalur and since she did not respond to the treatment, she died at about 6.00 p.m. Therefore, a case was initially registered under Section 174(3) Cr.P.C. The Inquest Report of the Revenue Divisional Officer reveals that the death of the deceased was a suicide due to demand of dowry and cruelty. Since the deceased died within 7 years from the date of marriage, the case was registered under Section 304-B I.P.C which is dowry death.

7.After completing the formalities, the respondent/ Police laid the charge sheet before the concerned Judicial Magistrate and after completing the formalities under Section 207 C.r.P.C., committed the case to the learned Principal Sessions Judge, Ariyalur, since the offences are exclusively trialable by the Court of Session. The learned Principal Sessions Judge, Perambalur, took the case on file in S.C.No.41 of 2018. After completing the formalities under Section 309 Cr.P.C., he made over the case to the Mahila Court, since, the offence is against woman.

8.The learned Judge of Mahila Court framed the charges for th