J U D G M E N T

This Criminal Appeal has been filed to set aside the judgment of conviction and sentence, dated 04.01.2013, passed by the Sessions Judge, Mahila Court, Kancheepuram District at Chengalpattu, in S.C.No.117 of 2009.

2.The case of the prosecution is as follows :

2.1.The deceased Kanchana was the daughter of Pachaiappan (P.W.1) and Raniammal (P.W.2), and younger sister of Shanmugam (P.W.3) and Nandakumar (P.W.4). Kanchana's father Pachaiappan (P.W.1) had retired from the Police Department as Constable. They hailed from Sevilimedu Village in Kancheepuram.

2.2.The appellant was a sweet master and was running a sweet stall in Kancheepuram.

2.3.Kanchana was given in marriage to the appellant on 13.03.2005 and at the time of marriage, she was given 25 sovereigns of gold and other household articles, apart from 5 sovereigns of gold given to the appellant. Kanchana and the appellant were blessed with a girl child, namely, Nanditha. The couple was living in a rented house in Door No.34/38-A, Pavadaipettai Street, Small Kancheepuram.

2.4.The appellant ran into losses and had to eventually close down his sweet stall.

2.5.It is alleged that the appellant was addicted to liquor and would spend all his money for it, without giving anything to his wife for domestic expenses. It is also alleged that he used to torture his wife for money and subject her to cruelty.

2.6.08.10.2008 was Ayuda Pooja day, which is a part of Dussehra celebrations. On that day, when the appellant was away, Kanchana hanged her 2 ½ years old child, Nanditha, and also hanged herself in her matrimonial house and committed suicide. The appellant returned home and found the door locked from inside. With the help of the neighbours, he staved in, and was shocked to see his wife and child hanging. He informed his parents-in-law and they rushed to the spot.

2.7.On the complaint (Ex.P1) given by Pachaiappan (P.W.1), Mariappan (P.W.11), Inspector of Police, registered a case in Crime No.541 of

2008 under Section 174 Cr.P.C. and prepared the printed F.I.R. (Ex.P12).

3.Investigation of the case was taken over by Samuthirakani (P.W.12), Deputy Superintendent of Police, who went to the place of occurrence and prepared Observation Mahazar (Ex.P2) and Rough Sketch (Ex.P13) in the presence of witnesses, Gunasekaran (P.W.5) and Venkatesan (not-examined). From the place of occurrence, the police seized the following items under the cover of Mahazar (Ex.P3) in the presence of the same witnesses :

i. marriage invitation of Kanchana and Balakumaran on 13.03.2005 (Ex.P4)

ii. a one page suicide note written in Tamil and signed by Kanchana (Ex.P5)

iii. vouchers of the South Indian Bank Limited pertaining to Gold Loan Nos.25876, 26562, 25878 and 25877 (Ex.P6 series)

The aforesaid seizure was effected on 09.10.2008 at 11.45 hours.

4.Since the death of Kanchana was within seven years of marriage, Chandran (P.W.8), Revenue Divisional Officer, conducted inquest by examining the family members of Kanchana. The appellant was also examined in the inquest. After completing the inquest, Chandran (P.W.8) submitted his reports (Ex.P10 and P11), opining that the death of Kanchana and the child was not due to dowry harassment, but due to the cruelty inflicted by the appellant on Kanchana.

5.Based on the inquest report, the police altered the case from one under Section 174 Cr.P.C. to one under Sections 498-A and 306 IPC vide alteration report (Ex.P14).

6.Dr.Tamil Vanan (P.W.7) performed autopsy on the body of Kanchana and the child Nanditha, and issued postmortem certificates, Exs.P7 and P8, respectively. Dr.Tamil Vanan (P.W.7), in his evidence as well in the postmortem certificates (Exs.P7 and P8), has opined that, both of them had died of Neuroasphyxia due to hanging. Apart from the ligature mark around the neck, no other injury was noted on the body of Kanchana.

7.After examining the witnesses and collecting various reports, the police completed the investigation and filed a final report in P.R.C.No.5 of 2009