JUDGMENT

The present Criminal Appeal is directed against the conviction and sentence, dated 14.10.2015, made in S.C.No.170 of 2013, on the file of the learned Sessions Judge, Mahila Court, Tiruchirappalli.

2. The appellants are arrayed as accused Nos.1 & 2 in the above referred case. Along with one another accused they stood charged for the offences under Sections 498(A) and 304(B) of IPC.

3. After full-fledged trial, the learned Sessions Judge, Mahila Court, Tiruchirappalli, came to the conclusion that both the appellants were found guilty for the offences punishable under Sections 498(A) and 304(B) of IPC. After concluding as above, for an offence under Section 498(A) of IPC, the learned Sessions Judge, Mahila Court, Tiruchirappalli, convicted and sentenced the appellants to undergo Rigorous Imprisonment for 3 years and to pay a fine of Rs.1,000/- each, in default, to undergo Simple Imprisonment for 3 months. Similarly, for an offence under Section 304(B) of IPC, they were convicted and sentenced to undergo Rigorous Imprisonment for 10 years. The sentences are run consecutively.

4. Being dissatisfied with the above conviction and sentence, the appellants are before this Court by way of filing the present Criminal Appeal.

5. The case of the prosecution is that:-

(i) P.W.1-Sandhar was residing at Thirunallur Village, Pudukkottai District and doing agricultural work. P.W.2-Rangammal is his wife and they were blessed with four girl children and one son. The deceased Jaya @ Jayalalitha is their third daughter. She married the first accused in the year of 2010 at Samayapuram temple. During the time of marriage, P.W.1 gave 13 sovereigns of gold and Rs.50,000/- to the first accused as Sridhana property. After the marriage, the deceased lead a joint family along with the accused in the matrimonial home.

(ii) After 6 months from the date of marriage, both the accused demanded the deceased to bring a cash of Rs.50,000/- and 5 sovereigns of gold. In such circumstances, in order to fulfill the demand made by the accused, P.W.1 gave Rs.50,000/- to the first accused and promised to give 5 sovereigns of gold within a month. Not satisfying with the words given by P.W.1, both the accused given a constant torture to the deceased and thereby, the deceased came to P.W.1's house and told about the harassment given by the accused.

(iii) Before the occurrence, the deceased informed the P.W.1 through phone about the untolerable situation prevailed in her house. In this regard, P.W.1 informed to the deceased that he would come and pickup her. But, the deceased told to P.W.1 that she would come by herself. In the said situation, P.W.1 received an information as his daughter was died. The neighbours of the accused informed about the death to P.W.1. Immediately, after receipt of the said news, the family members of P.W.1 came to Thiruverumbur and lodged a complaint before P.W.13.

(iv) P.W.13-P.Rajendran, the then Special Sub-Inspector of Police, Thuvakkudi Police Station, on 30.03.2012 received a complaint from P.W.1 and registered a case in Crime No.169 of 2012 under Section 174 of Cr.P.C. The signature of P.W.1 found in the complaint was marked as Ex.P1 and the copy of the First Information Report was marked as Ex.P9. Further, the alleged complaint given by P.W.1 was marked as Ex.P20 through the Investigating Officer. After registeration of the case, he forwarded the copy of the FIR to the Revenue Divisional Officer (RDO) for enquiry. Further he sent another one copy to the Deputy Superintendent of Police (Palanisamy, now died) for investigation.

(v) On receipt of the copy of the FIR, P.W.15-G.Sampath, the then Revenue Divisional Officer took up the same for enquiry. On the same day, he visited the Government Hospital and in the presence of witnesses, he held inquest. He recorded the statements from the witnesses and gave opinion as due to the demand of dowry made by the accused, the deceased committed suicide. The report given by P.W.15 was marked as Ex.P10