O R D E R

Balu and Sumathi, the petitioners herein are the son and mother.

They were ranked as 1st and 3rd accused before the trial Court. For sake of convenience, they are referred as accused 1 and 3.

2. The revision petition is filed by these two accused persons, against the concurrent finding of the Appellate Court upholding the conviction and sentence of the Trial court against them for the offence under Section 304 (B) I.P.C. The accused were convicted and sentenced to undergo four years R.I and to pay fine of Rs.1000/- in default, 3 months S.I imposed by the trial Court vide judgement dated 08/08/2012 and same was confirmed by the Appellate Court vide judgment dated 20/08/2014.

3. The case of the prosecution is that, deceased Alamelu is the wife of the first accused. They both got married on 30/11/2006. At the time of marriage, 10 sovereigns of gold jewels and Sridhana properties was given as dowry on the demand of A-1 and his family members. After marriage, there was harassment for more dowry by the the husband, father-in-law, mother-in-law and mother of the mother-in-law of the deceased Alamelu, who are the accused 1 to 4 respectively. The deceased came to her parents house for delivery and after delivery, she refused to go to her husband house fearing dowry harassment. Her father pacified her took her to the matrimonial home. She was again subjected to cruelty. On 19/01/2009 night all the accused joined together and insulted her for not bringing 5 sovereigns of gold jewel. The next day morning at about 5.30 a.m., she doused kerosene over her body and immolated herself. She was admitted in the hospital for treatment but died on 21/01/2009 at JIPMER Hospital, Pondicherry.

4. The II Additional Assistant Sessions Judge, Villupuram framed charges for offence under Sections 498(A), 306 and 304 (B) I.P.C against A-1 to A-4 and tried them.

5. To prove the charges, the prosecution has examined 11 witnesses and marked 9 documents.

6. The defence plea i). to suspect the F.I.R registered after 3 days delay; ii). P.W-1 admits that, he used to get the jewels of her sister and pledge it for his expense. However, the first accused has condoned and took his sister to the matrimonial home; iii). The contradictions between PW-1 and PW-2; iv). The suppression of the earlier version of the prosecution that the child of the deceased accidentally hit the lamp and the fire caught the mother were all negatived by the Trial Court.

7. Relying upon the evidence of PW-1 and his wife PW-2 (Brother and Sister-in-law of the deceased) for demand of dowry and Ex.P-3 the dying declaration of the deceased recorded by the Judicial Magistrate, and taking the testimony of P.W-4 as corroboration, the trial Court held the deceased committed suicide leaving her toddler due to the abetment and cruelty of dowry harassment met at the hands of her husband and his family members, hence convicted the accused and sentenced as below:-

(i). A-1 to A-4: Guilty of offences under section 498 (A), 306(3) and

304(B) of I.P.C. Sentenced to undergo 4 years R.I and fine of Rs.1000/- each in default, 3 months S.I.

(ii). A-1 to A-3: Guilty of offences under section 306(3) I.P.C.

Sentenced to undergo 4 years R.I and fine of Rs.1000/- in default, 3 months S.I.

(iii). A-1 to A-3: Guilty of offences under section 304 (B) I.P.C.

Sentenced to undergo 4 years R.I and fine of Rs.1000/- in default 3 months SI.

(iv). A-4 : Guilty of offences under section 306(3) I.P.C and 304 (B)

I.P.C. Sentenced to undergo one year R.I and fine of Rs.1000/- in default 3 months S.I. each. The period of substantive sentences ordered to run concurrently.

8. In the appeal preferred by the accused, the Appellate Court confirmed the conviction and sentence of A-1 and A-3 alone in respect of offence under section 304(B) I.P.C. It set aside the sentence and conviction rendered by the trial court in respect of offences under section 498 A IPC and 306(3) IPC against A-1 to A-4 and offence under section 304(B) IPC against Accused