Insufficient evidence of cruelty under IPC Section 498-A to sustain conviction, leading to acquittal of the accused.

1. The present Criminal Appeal has been filed to set aside the judgment of conviction and sentence dated 06.03.2014, passed in S.C.No.176 of 2011 by the learned Sessions Judge, Magalir Neethi Mandram, (Fast Track - Mahila Court), Thiruvallur.

2. The appellant is the sole accused. He stood charged for the offence under S.498 - A and 306 of IPC. By judgment dated 06.03.2014, the learned Sessions Judge, Magalir Neethimandram, (Fast Track - Mahila Court), Thiruvallur, convicted the appellant under S.498 - A of IPC for a term of two years rigorous imprisonment with a fine of Rs.25,000/- in default to undergo rigorous imprisonment for six months. The accused has been acquitted for the charge under S.306 of IPC. Challenging the said conviction and sentence, the accused is before this Court, by filing the present Criminal Appeal.

3. The case of the prosecution, in brief, is as follows:
(i) PW1 - Gopinath, is the relative of the deceased. Before 13 years from the date of occurrence, the marriage between the accused and the deceased was solemnised and thereafter, they were blessed with two female children and one male child. Eldest female child has been living at her grand father's house at Jolarpet and the remaining two children were living with the accused and deceased. On 01.07.2010, at about 3.30pm, PW1, received a phone call from PW7 - Dhandapani that there was a fight at the accused house, in between the accused and the deceased and directed him to go and to know about it. Before he reached the house, the deceased had died with burn injuries in her house and a bureau and a cart were also found burnt. At that time, there was fire, which has been set off by the people surrounding there. When at the time PW1 reached the deceased house, the accused was not there. He was informed that the accused left the place with burn injuries. After some time, the parents of the deceased reached the scene of occurrence and found the dead body of the deceased.
(ii) Before that, PW2 - Esakipillai and PW3 - Saroja, who are the neighbours to the accused, heard the burst sound, became excited and came out from the house and had seen that a fire accident has taken place in the accused house.
(iii) Upon receipt of the complaint given by PW1, Mr. V. Mahadevaraj [PW17], the then Sub Inspector of Police, Thiruninravur Police Station, registered the FIR in Cr.No.288 of 2010 under S.174 of Cr.P.C. The printed FIR is marked as Ex.P9. After the registration of the FIR, PW17, handed over the case records to the PW20 - Mr.R.Mohamed Abibullah, Inspector of Police, for investigation.
(iv) PW20, on receipt of the case records from PW17, took up the same for investigation, and on the same day at about 4.45pm, he visited the scene of occurrence and in the presence of witnesses PW1 - Subramanian and PW9 - Prabhu, he prepared the observation mahazar under Ex.P14. He had drawn the rough sketch under Ex.P15. In the presence of the same witnesses, he seized the case properties viz., 5 litres of Servo Plastic cane with half litre Kerosene oil and Match Box, under the cover of Mahazar, Ex.P16.
(v) In the meantime, on the same day at about 9.10pm, the deceased Bhuvaneswari was brought to the hospital and found there were burn injuries all over the body. After declaring the death of the deceased, the dead body was sent to the mortuary. An Accident Register copy was issued in this regard under Ex.P10.
(vi) In continuation of the investigation, PW20 examined the witnesses and prepared the inquest report under Ex.P17. He entrusted the dead body to one Police Constable, Manikandan, with a direction to