They originally hail from Rajasthan State.The accused 1 and 2 are the husband and wife residing in Kanchipuram.They also hail from Rajasthan.A3 is their son.A1 to A3 came to Checkpettia in order to attend the very same function.When the talks were going in the presence of elders in Checkpettia, the accused persons demanded 8 kilos of silver, 3/4 kilo of gold and a cash of Rs.75,000/- as Sridhana.P.W.1 was prepared to give 1/2 kilo gold, 6 kilos silver and a cash of Rs.55,000/-.This was agreed upon by the parties.The betrothal was held.On that day, the jewels as well as one portion of cash were given.On 14.12.1985, the marriage was held in a Kalyana Mandapam at Hassan attended by the relatives of both the families.Apart from that, several other jewels and household articles were given at the time of marriage.After the marriage was over, P.W.1 gave Rs.1,500/- towards the rent charges for the hotels where the relatives of the accused stayed.The accused demanded another Rs.1,500/- to be paid to the other hotels where some more relatives stayed.But, P.W.1 did not accept to give the said amount.The accused family having aggrieved over the same, however went back to Kanchipuram along with the bride.(2) After a few days, i.e. on 20.12.1985, P.W.4 Sajanraj, son of P.W.1, P.W.17 Dineshkumar along with other relatives went to the house of the accused in order to take the deceased to their house at Hassan for celebrating other connected functions.At that juncture, the first accused wanted Rs.10,000/-. P.W.4 contacted P.W.1 through phone and informed this.As directed by him, P.W.4 obtained Rs.10,000/- as loan from P.W.21 Manikchand, brother of the first accused and handed over the same to the first accused.(3) The deceased was staying for 10 days in P.w.1's house attending other functions.Then, after finishing other functions, P.W.1 sent both of them to the house at Kanchipuram.Three months later, i.e. on 26.3.1986, the deceased Prabhat Kumari phoned to P.W.1 and told him that she was ill-treated by the accused in their house and she was compelled to do all the household works treating her as a Servant-maid and that A1 sold her Ottiyanam weighing about 150 grams.Within a few days, both A3 and deceased came to attend a function at Bangalore and then came to Hassan.She told P.W.1 that the accused complained that the bangles that she was wearing are the old pattern and so, they should be remodelled.Accordingly, the four bangles worn by the deceased were handed over to the Goldsmith P.W.3 and the same was remodelled and then they were handed over to the deceased.In the month of September, the deceased got conceived.Therefore, P.W.1 sent P.W.4 to bring the deceased to Hassan.The accused persons sarcastically remarked that how could P.W.1 incur the delivery expenses when he was not even able to pay the rental charges for the hotels at the time of marriage.On Deepavali day, the deceased gave birth to a female child.Therefore, P.W.4 and P.W.8 went to Kanchipuram to see the child.At that point of time, the accused demanded Rs.50,000/-, since they had spent money towards the hospital charges for delivery.P.W.8, in turn, told them that they would not give any money as they were not allowed to take the deceased for delivery to Hassan.Though the wife and child were not allowed to accompany P.W.8 to Hassan on 28.1.1987, some time later, the wife and child were sent.On 14.2.1987, A3 came to Hassan and asked P.W.1 to send his daughter and granddaughter with him.He also demanded Rs.50,000/- towards the expenses for delivery.He also intimidated that unless the amount is given, they would not treat the deceased properly.The deceased also told the witnesses about the ill-treatment suffered at the hands of the accused.However, A3 was pacified and the wife and child were sent along with him.15 days later, P.W.1 received the phone call from the deceased requesting him to send Rs.50,000/- as quickly as possible, since she was being cruelly treated by the accused persons.Then, P.W.1 said that he would try to mobilise the fund and send the same.(4) P.W.10 Santhi was working as a Servant-maid in the house of the accused at the relevant period.P.W.14 Jagadeesan is a Tailor who used to come to the house of the accused and stitch the clothes in the house itself.On 21.3.1987 at about 2.30 P.M., P.W.14 was stitching in the sewing machine, P.W.10 servant-maid came to the house.At that point of time, one Kutty (P.W.22), the daughter of A1 cried saying "save, save" (........................................................................) and rushing down from the upstairs.Then, P.W.10 and P.W.14 enquired P.W.22, who in turn said that her sister-in-law, viz., the deceased was found hanging in the upstairs.Then, all of them went to the upstairs and found the room locked from inside.They saw through the window that the deceased was found hanging from the fan.Then, A1 along with P.W.13 Baskaran, working in the Goldsmith shop in the opposite side came there and broke open the door and went inside and untied the rope and put the body on the cot.(5) On 21.3.1987 P.W.1 received a phone call from P.W.11 Ukkamchand that the deceased died due to heart attack.He contacted P.W.21 and confirmed the death of the deceased.Then, after instructing that the dead body should not be removed till they come, P.W.1, his wife P.W.8, his son P.W.4, P.W.2 and P.W.15 came to Kanchipuram.When A1 was questioned regarding the cause of death, he said that she died due to heart attack.In the meantime, P.W.23, the Sub Inspector of Police, Sivakanchi Police Station, Kanchipuram received an intimation from the Inspector of Police stating that there is a suspicion over the death of Prabhat Kumari and asking him to take further action.Accordingly, he went to the house immediately and enquired the relations gathered there and they informed that the death was due to heart attack.Then, P.w.1 and P.W.11 were taken to the local Police Station.When he was asked whether the body could be removed for cremation, P.W.1 did not object to the same, since he was deeply worried over the death of the deceased.P.W.8, who went inside the room, was able to find some injuries on the body.Even though she objected to the removal of the body, the people gathered there pushed her aside and removed the body for cremation.(6) On 23.3.1987, P.W.9 Dr. Subramaniam was approached by P.W.21, the brother of A1 for the issue of the medical certificate over the death of Prabhat Kumari stating that she died due to heart attack.P6 certificate, death was registered in Ex.P5 register and Ex.P7 death certificate was obtained from the Municipality.(7) Unable to find out the real truth of the death of the deceased, as Kanchipuram is the new place for P.W.1's family and they are not well versed in Tamil, they came to Hassan on 25.3.1987 and sent telegrams to the Chief Minister of the State and the Home Minister of the Centre.On 28.3.1987, he sent complaints to various officials through registered post.He sent Ex.P2 to the Director General of Police, Chennai.The cot M.O.5 also was recovered.M.O.1 fan through which she hanged herself was recovered.The trouble started in this case even on the date of marriage.The marriage was held on 14.12.1985 at Hassan.JUDGMENT M. Karpagavinayagam, J.The bolt of the door of the said room which was locked from inside was broken by the accused persons and others by applying the physical force and untied the rope and put the dead body on the cot.The reason of the death of the deceased was informed as the deceased died due to heart attack.On the orders of the High Court on the petition filed on behalf of the parents of the deceased, the investigation was taken over by C.B., C.I.D. After finishing the investigation, the charge sheet was filed against all the respondents(A1 to A3) for the offences referred to above.During the course of trial, P.W.1 to P.W.26 were examined, Exs.P1 to P17 were marked.On the side of the defence, Exs.D1 to D3 were marked.Challenging the same, the State has filed this appeal.Besides this, P.W.1 also has separately filed a revision before this Court.In the light of the above principles, we have to see the reasonings given by the trial Court for acquitting the accused in order to find out whether they are correct or not.Before dealing with the same, it would be worthwhile to refer to the various facts, which led to the acquittal.Let us refer to them at the outset:(1) P.W.1 Lakpath Raj staying along with his wife P.W.8 and children is doing business at Hassan in Karnataka State.He has got three sons and three daughters.Prabhat Kumari, the deceased is the eldest daughter aged about 20 years.Since P.W.9 earlier treated the deceased at the time of delivery, he gave Ex.P6 certificate to the effect that the death was due to heart attack without even examining the dead body.On the basis of Ex.On 12.7.1987, he recovered Exs.Then, further investigation was taken up by P.W.26, the CB CID D.S.P. and the case was altered into Section 304B I.P.C. Again, P.W.26 came to the house and recovered the wooden portions (M.Os.6 to 10) from where the bolt was broken under mahazars Exs.After finishing the investigation, P.W.26 filed the charge sheet for the offences referred to above.(8) According to the accused in the statement under Section 313 Cr.P.C., they were not responsible for the death of the deceased and the body was taken to grave yard only on the statement of P.W.1 saying 'no objection' and they have registered the death of the deceased with the Municipality on the basis of Ex.P6, the Doctor's certificate stating that the deceased died due to heart attack.But, P.W.8 would state that all the three demanded the amount.This is a vital contradiction.(5) The marriage was finalised and fixed by one Lal.That list was not produced.(7) According to P.W.8, she saw injuries on the neck.But, the same was not informed to P.W.1's husband.(8) P.Ws.10, 13 and 14 though would state that they went to upstairs and saw the dead body of the deceased found hanging from the fan, they did not give the statement to the police immediately and they gave the statement only after six months.(9) Ex.P6 certificate issued by P.W.9 Doctor would show that the deceased died only due to heart attack.There is no post-mortem certificate giving the reason for death.(10) The letter Ex.P1 and Exs.D1 and D2 written by the deceased did not contain the reference about the torture at the hands of the accused.On going through the reasonings, it is obvious that the trial Court has misread the evidence and given importance to the very insignificant aspects for concluding that the prosecution has not established its case beyond reasonable doubt.On going through the records, it is noticed that the above reasonings are not only perverse but also the important materials available on record have been totally ignored.Let us now first go into each one of the reasonings given by the trial Court for acquittal.The first reasoning is the delay in launching the complaint.According to P.W.1, he did not give a complaint to local police, since he was unable to converse with the local Police Officers in Tamil.It is his specific assertion that when he wanted to say something to police, they did not understand the same and on the other hand, they said that they could not do anything.Thereafter, he sent a detailed report on 28.3.1987 addressing to the Director General of Police, Tamil Nadu State and also to the Governor, Chief Minister and other high officials of the State Governments of Tamil Nadu and Karnataka and the Central Government, New Delhi.Merely because the complaint was sent after three or four days through telegram and registered post, it cannot be stated that P.W.1 gave a false complaint against the accused.In fact, from 25.3.1987 onwards, P.W.1 and his relative P.W.15 have been consistently pursuing for the action to be taken against the accused by sending telegrams and registered complaints to the various officials including the Head of the Police of Tamil Nadu.The very fact that he sent registered complaints not only to Tamil Nadu and Karnataka Governments but also to the Central Government itself would show that his attempt to pursue the action through the local police on the very same day did not fructify as the local police were reluctant to take action against the accused.Under those circumstances, the delay cannot be said to be an unexplained delay.The second reasoning is that there is no reference about the dowry demand in Ex.P2 complaint.The reading of Ex.P2 in entirety would go to show that the deceased was tortured on several occasions by the accused and her husband used to beat her to get money from her house and that he used to threaten that he would do away her, if she does not bring Rs.50,000/-.It is also mentioned in the complaint that the parents of her husband never used to provide food and she used to starve for several days without sufficient food.These things would show that there was a demand of money and also there was a torture.The third reasoning is that there is no explanation as to why child was delivered at the husband's place.This reasoning is without any basis.There are materials to show that the accused persons declined to send the deceased to the house of her parents for delivery despite the request made by the parents of the deceased through P.W.4, the brother of the deceased to send her to Hassan for delivery.Even in the complaint Ex.P2 give by P.W.1, it is specifically mentioned that as per the customs prevailed in their community, viz., Jain Community, the first delivery would take place at the parents' house of the bride, but the accused persons refused to send her to parent's house and she was retained in Kanchipuram itself.P.W.4, the brother of the deceased would also state in his deposition that as instructed by P.Ws.1 and 8, parents of the deceased, he went to Kanchipuram and requested the accused persons to send her with him to Hassan for delivery and at that time, the accused persons abused his father P.W.1 stating that he did not even to pay the rental charges of the hotel rooms for the stay of their relatives at the time of marriage and how could he bear the expenses for delivery and so saying P.W.4 was sent back without allowing the deceased to go to Hassan for delivery.When this evidence is available, the trial Court is quite wrong to observe that there is no explanation and as such, this finding ignoring the relevant materials given by the trial Court is perverse.The next reasoning is relating to the contradiction with regard to the demand of Rs.50,000/- made by the accused.But, on going through Ex.P2 complaint and the evidence of P.Ws.1, 4 and 8, there is no contradiction.As per Ex.P2, the deceased told P.W.1 that the accused demanded Rs.50,000/-.When P.W.4 and P.W.8 went to Kanchipuram to see the child, the accused persons demanded amount of Rs.50,000/-, since they had to incur expenses for delivery.Only in that context, P.W.8 would state that since the deceased was not allowed to go to Hassan for delivery, the delivery expenses need not be incurred by them.Furthermore, when A3 came to Hassan to take back the wife and child, he reiterated his demand of Rs.50,000/- towards the delivery expenses.Therefore, there is no contradiction with regard to the demand ofRs.50,000/-.One other reasoning is non-examination of one Lal, who has finalised the marriage.The fact of the marriage is not disputed.Moreover, the marriage was held at Hassan in the bride's place and both the families attended the same.So, the non-examination of one Lal, who has finalised the marriage proposal, would not be relevant in this case.The trial Court found fault with the prosecution that a list of Sridhana articles was not produced.This is yet another irrelevant reason.According to P.W.1, at the time of betrothal and marriage, though more Sridhana articles and cash were demanded, ultimately, the matter was settled among the parties to agree with the terms of the marriage proposal in regard to the Sridhana articles.Accordingly, jewels, cash and household articles were given to the bridegroom's family by the bride's family.The details of the household articles, jewels and cash which were handed over to A1 at the time of betrothal and marriage are spoken to by P.W.1, P.W.4, son of P.W.1, P.W.8, wife of P.W.1, P.W.11 Ukkamchand, resident of Kanchipuram, P.W.16 Annaraj Jain of Hassan.The evidence relating to this adduced by them have not been seriously disputed in the cross-examination of the accused.It is the specific case of P.W.1 that a list of Sridhana articles was prepared and the list is available.However, during the course of investigation, the list was not seized and therefore, the same was not produced.Under those circumstances, we cannot expect the prosecution to produce the list, which has not been seized.Moreover, the availability of the list is not disputed by the accused.The next reasoning is that P.W.8 did not tell P.W.1 about the injuries found on the body of the deceased.This reasoning also, in my view, would not be a valid one, since when the dead body was kept in the room, P.W.8 alone was allowed to go inside.In the meantime, the relatives of the accused family took P.w.1 to the Police Station.In the Police Station, P.W.1 could not do anything as he was not able to converse with the Police Officers in Tamil.At the time when the dead body was removed, P.W.8 cried and said that she could also be burnt along with the dead body and asked the crowd not to remove the dead body.However, she was pushed aside by the relatives of the accused and then, the body was removed.In such a situation, P.W.8 could not give any details about the injuries to P.W.1 since she was in the grief and shock.After cremation was over, when P.W.1, P.W.8 and others came back to Hassan, P.W.1 sent telegrams and complaints mentioning about all the details to the police.In Ex.P2, it is specifically mentioned that certain injuries were found on the body of the deceased and the body was burnt abruptly to destroy the evidence by the accused persons.So, in the light of this evidence, this reasoning also has to be held improper.Next reasoning is that P.W.10, P.W.13 and P.W.14, who stated that they saw the deceased found hanging from the ceiling fan, did not make immediate statement.It is the specific case of P.W.1 that on the date when they came to Kanchipuram on hearing the news of death of the deceased, he met the police, but the police said that they could not do anything.P.W.23 Sub Inspector of Police also did not give the details as to whether they examined these persons.When the investigation was taken up by the C.B.,C.I.D. Inspector, a thorough probe was made and these people, who are residents of Kanchipuram gave statements giving the above details.Admittedly, they did not have any interest in the people who are residing in Hassan nor had any animosity against the accused persons.It is not that these witnesses gave contra statements initially and further statements were made by them contradicting the earlier statements.When they were interrogated, they gave a clear version stating that they saw that the deceased was found hanging from the fan.Therefore, this reasoning also, in my view, cannot be accepted.The next reasoning is that Ex.He was only giving some treatment at the time of delivery of the child for chest pain and only on the request of A1, Ex.P6 certificate was issued thinking that death would have been due to heart attack.Therefore, the contents of Ex.P6 certificate has not been proved through P.W.9 and when P.W.9 himself would give out the circumstances under which Ex.P6 certificate was issued, it cannot be held that the deceased died only due to heart attack.It is true that the dead body was not available for post-mortem.But, in the light of the evidence of P.Ws.10, 13 and 14 and without allowing the police to conduct post-mortem and hurried cremation done on the same day, would show that the death was not due to hear attack.It is true that the prosecution has to prove the reason for the death.In this case, we have no medical evidence to show that death was due to hanging.But, the fact remains that the accused persons tried to get a false certificate Ex.P6 from P.W.9 Doctor in order to show that the deceased died only due to heart attack.This act of the accused in obtaining false certificate from P.W.9 hurriedly and the evidence of P.Ws.10, 13 and 14 to the effect that they saw the dead body of the deceased found hanging would clearly show that the death could not have been due to heart attack but only due to hanging.The trial Court would observe that there is no reference about the torture in Exs.It is true that Exs.D1 and D2 would not relate to the torture.Those letters would refer about mere enquiries.But, Ex.P1 letter would clearly indicate that she must have informed P.W.1 about the sale of Ottiyanam given to the deceased at the time of marriage and about the same P.W.1 should not write any letter.This shows that out of fear for A1 she must have written that letter.Let us now go into the other evidence available on record.After marriage was over, P.W.1 gave Rs.1,500/- towards the rent charges for the hotels where the relatives of the accused stayed.When the accused demanded another Rs.1,500/- for making payment to other hotels where some more relatives stayed, P.W.1 did not accept to give the same amount.This is the first grievance for the bridegroom's family.Relating to the refusal to make payment towards the rental charges number of witnesses would speak.P.W.1, P.W.2, his relative, P.W.4, son of P.W.1, P.W.8, wife of P.W.1, P.W.11 Ukkamchand of Kanchipuram, P.W.15 Giwerchand, brother of P.w.8 and P.W.17 Dinesh Kumar of Bangalore, all would speak about the said aspect of the evidence.Some days later after the marriage, P.w.4 along with P.W.17 Dinesh Kumar of Bangalore went to the house of the accused to bring the deceased to their house at Hassan for celebrating other necessary functions.At that time, A1 wanted Rs.10,000/-.A1 stated that unless the amount of Rs.10,000/- is paid, he would not allow the deceased to go along with them to Hassan.This is purely due to the non-payment of the rental charges for his relatives stayed in some of the other hotels.Ultimately, P.w.4 obtained loan of Rs.10,000/- from P.W.21 Manikchand, brother of the first accused and handed over the same to the first accused.This aspect of the evidence is being spoken to by P.W.4, son of P.W.1, P.W.15 Giwerchand, brother of P.W.8 and P.W.17 Dinesh Kumar of Bangalore.Though P.W.21 became hostile, the other witnesses, namely, P.W.4, P.W.15 and P.W.17 would state that they came to the house of the accused and the first accused demanded money of Rs.10,000/- and thereafter, the said money was obtained as loan from P.W.21 and the same was handed over to the accused.Apart from these witnesses, P.W.11 Ukkamchand of Kanchipuram would state that P.W.4 came to his shop and informed about the demand made by the accused and through the phone kept at the shop of P.W.11, P.w.4 contacted P.W.1 and obtained the instruction to get the loan from P.W.21 and gave it to the first accused.Both these incidents would show that the first accused wanted P.W.1 to pay more amount towards the rental charges and when the same was not accepted, A1 did not allow the deceased from the bridegroom's house to the bride's parents' house at Hassan till the amount of Rs.10,000/- was paid.After finishing functions, the deceased and A3 were sent back to Kanchipuram.On 26.3.1986, i.e. three months later, the deceased for the first time phoned to P.W.1 and told that she was ill-treated by the accused persons in their house and that A1 sold her Ottiyanam weighing about 150 grams.Later, she also wrote a letter Ex.P1 stating that P.W.1 should not write any letter regarding the Ottiyanam, which was sold.After some months, the deceased and her husband (A3) came to attend a marriage.On the way to Kanchipuram, they came and visited P.W.1's house.At that time, the deceased complained to P.W.1 that the accused persons did not like the pattern of the bangles and they should be re-modelled.Accordingly, the bangles were given to Goldsmith P.W.3 and after re-modelling, they were given back to the deceased.At that time itself, she told P.W.1, P.W.4 and P.W.8 that she was treated badly by the accused persons.In the month of September 1986, P.W.1 received information that the deceased got conceived.Therefore, P.W.4 was sent to Kanchipuram to bring the pregnant deceased to Hassan for delivery.At that juncture, the accused persons did not allow the deceased to go to her parents' house making a sarcastical remark that P.W.1 would not be able to bear the delivery expenses, since he was not able to pay the rental charges for the hotels at the time of marriage.After getting the news that child is born, P.W.4 and P.W.8 went to Kanchipuram to see the child.At that time, the accused demanded Rs.50,000/-, since they had paid hospital charges for delivery.P.W.8 replied that they would not bear any charges, since they were not allowed to take the deceased for delivery to Hassan.Though initially the daughter and the child were not sent, after two months, they were sent to Hassan.At that time also, she told P.Ws.1, 4 and 8 and others about the ill-treatment meted out to her by the accused persons in regard to the demand of Rs.50,000/-.On 14.2.1987, A3 came to take the wife and child back to Kanchipuram.At that time also, A3 reiterated the demand of Rs.50,000/-.According to the witnesses, A3 threatened P.W.1 and others that unless the amount is given, the deceased would be continued to be ill-treated.But however, A3 was pacified and the wife and child were sent along with him.15 days later, P.W.1 received the phone call from the deceased requesting him to send Rs.50,000/- as quickly as possible, since she was being cruelly treated by the accused persons.From these, it is revealed that the deceased was not allowed to go to Hassan for delivery and even after delivery, she was not allowed to P.W.8 and P.W.4 to Hassan.At that time, they demanded Rs.50,000/-, since they incurred hospital expenses.Even when A3 came to Hassan, he reiterated the said demand.At last, 15 days prior to her death, she insisted P.W.1 that he must send Rs.50,000/- immediately as she was being subjected to cruelty at the hands of the accused.The evidence of P.W.4, P.W.8 and P.W.1 would give two aspects of the matter: (1) The demand made by the accused persons that P.W.1 should pay Rs.50,000/- which was incurred by them towards medical expenses, or otherwise the deceased would be continued to be ill-treated.(2) The deceased told P.W.4 and P.W.8 when they came to see the child that she was ill-treated by the accused persons.Similarly, she told the other witness P.W.15 also regarding the ill-treatment.As noted above, just few days prior to her death, she phoned up to P.W.1 that she was being ill-treated and unless the amount is sent, the same would not be stopped.These things would make it obvious that she was continuously ill-treated by the accused persons from the beginning over the non-payment of the amount of Rs.50,000/-.The second aspect of the evidence is that P.W.10 Santhi, the Servant-maid working under the accused and P.W.13 Baskaran working in a Goldsmith shop in the opposite side and P.W.14 Jagadeesan working as a Tailor saw the deceased found hanging in the room in the upstairs of the house.According to them, on hearing the cry of P.W.20, sister of A3, they rushed to the upstairs and saw through window the deceased found hanging from the ceiling fan.Then, A1 with the help of P.W.13 broke open the door and went inside and untied the rope and put the body on the cot.Though the statements of these witnesses have been recorded only when the C.B., C.I.D. took up the investigation, even the first investigation conducted by P.W.25, the D.S.P. would show that P.W.25 went to the spot and prepared observation mahazar and recovered the bent bolt bracket attached to the broken door.Then, again P.W.26, the D.S.P., CB CID on taking further investigation recovered the broken door under Ex.These things would show that the deceased was found hanging inside the room and only after breaking open the door, which was locked inside, the accused and others went inside and took the body outside of the room.The fact that P.W.10 was working as a Servant-maid in the house of the accused during the relevant time was not challenged.Similarly, P.W.13 was working as a Goldsmith in the opposite side and P.W.14, a Tailor used to stitch clothes in the house of the accused.There is no reason as to why they speak falsehood with reference to the fact that the deceased was found hanging from the ceiling fan.According to prosecution, the death was informed by P.W.11 Ukkamchand of Kanchipuram.No intimation was sent by the accused to P.W.1's family.When P.W.1 received a phone call from P.W.11, he contacted P.W.21 for verification and P.W.21 confirmed that the deceased died.Thereafter, P.W.1 and others came to Kanchipuram.It is true that P.W.1 did not raise any objection when the body was removed for cremation.But in this context, we have to see the real situation.When such is the case, there is no reason as to why the Sub Inspector of Police did not choose to register the case for suspicious death.P.W.23 did not state that he has obtained any statement in writing either from P.W.1, P.W.8 and other relatives or from the neighbours to find out as to what really happened.The way in which the cremation was hurried would show that P.W.23 did not take interest in finding out the truth with regard to the cause of death.In such circumstances, the evidence of P.W.1 to the effect that he contacted the police at the Police Station for taking action, but they said that they could not do anything assumes importance.Under those circumstances, for the reasons best known to P.W.23, the body was not allowed to conduct post-mortem and the arrangements were made for early cremation in the presence of the Police Constables.In the light of the said situation, the efforts were taken by P.W.1's family by sending complaints after complaints to the Officers concerned and ultimately, they obtained orders from this Court for investigation by the C.B., C.I.D.Thus, from the evidence of the witnesses referred to above, both torture and the death of the deceased due to hanging have been clearly established.Even according to prosecution, A1 earlier demanded Rs.10,000/-, since the rent charges were not given for the stay of his relatives at Hassan at the time of marriage.Secondly, the deceased was not allowed to go to Hassan for delivery.Delivery of the child was arranged by the accused family at Kanchipuram.Towards the expenses of the delivery of the child, they demanded Rs.50,000/-.Since Rs.50,000/- was not paid, the accused ill-treated the deceased which resulted in the commission of suicide.But, on the other hand, there are materials to show that there is a cruelty, which resulted in the suicide, which would attract Sections 306 and 498A I.P.C.The other charges like Sections 203 and 417 I.P.C. against may not be made out for the following reasons.43. A1 was charged for the offence under Section 203 I.P.C. for having given wrong information with regard to the death of the deceased to the Sub Inspector of Police.There is no record to show that P.W.23, the Sub Inspector of Police did not say that A1 gave the false information.Similarly, P.W.9 Doctor stated that P.W.21, brother of A1 gave the information that the deceased died due to heart attack and obtained the certificate from him.Furthermore, the evidence of P.W.23, the Sub Inspector of Police, as discussed above, would clearly indicate that he did not choose to take immediate action, despite that he received information from the Inspector of Police that there is a suspicious death.In fact, P.W.23 admitted in his examination that he did not personally interrogate the relatives of the deceased.It is the specific evidence of P.W.1 that he contacted the police to take action, but the police said that they could not do anything at their stage.It is also the case of P.W.8 that despite her objection, the body was removed by the relatives of the accused by pushing her aside, that too when the Police Constables were standing there.These things would show that the accused persons tried to hush up the matter and hurriedly removed the body for cremation with the help of the local police to avoid the post-mortem in order to escape from the penal action.Expecting some action that might be taken by P.W.1's family, P.W.9 was approached and he was given false information and on that basis, certificate was obtained and on the strength of the said certificate, they were also be able to get Ex.All these things have been done so hurriedly.Sections 498A and 306 I.P.C. are independent and constitute different offences.Though, depending on the facts and circumstances of the case, subjecting a woman to cruelty may amount to an offence under Section 498A and may also, if a course of conduct, amounting to cruelty is established leaving no other option for the woman expecting to commit suicide, amount to abetment to commit suicide.The child was born in November 1986 and the death of the deceased took place on 21.3.1987 when she was living with the other accused.This Court by the judgment dated 4.2.2002 allowed the appeal against acquittal filed by the State through Public Prosecutor, Madras convicted the respondents 1 and 3 (A1 and A3)for the offences under Sections 306 and 498A I.P.C. and sustained the acquittal in favour of the 2nd respondent (A2).The matter was directed to be posted on 18.2.2002 directing A1 and A3 to be present before this Court to hear them in regard to the question of sentence.Accordingly, on 18.2.2002, A1 and A3 were present.It was informed before this Court that Mr. A. Natarajan, the learned counsel who argued the matter earlier on behalf of the accused, gave a change of vakalat on the instruction of A1 and A3 for Mr.Karuppan, the learned counsel who has entered appearance on their behalf.Karuppan, who appeared before this Court on behalf of A1 and A3, the convicted accused, requested two days' time to file their statement with regard to the question of sentence.Accordingly, the matter was directed to be posted on 21.2.2002 and A1 and A3 were directed to be present on that day.He would further submit that the accused would also file an affidavit requesting to show leniency in the sentence without prejudice to his submissions in support of the plea for re-hearing the case.Accordingly, the accused were permitted to file affidavit giving the statement in regard to the question of sentence.On 22.2.2002, as permitted by this Court, an affidavit sworn to by A3 on behalf of both the accused was filed giving various circumstances for showing leniency while imposing sentence upon both the accused.Mr. Karuppan, the learned counsel appearing for the accused would request some more time to file another affidavit giving his grounds of arguments for re-hearing the case.Accordingly, on 27.2.2002, the affidavit was filed on behalf of the accused making various grounds and requesting this Court to dismiss the appeal filed by the State and acquit the accused or direct re-hearing preferably by another Bench.Karuppan after filing this affidavit wanted to argue the matter on merits before this Court.Accordingly, he was permitted to argue.The letters Exs.D1 and D2 written by the deceased were in Hindi.The copy of the Hindi version was not served to the accused.The matter was posted for final disposal before Bakthavatasalu, J. It was adjourned several times.In default, he has to undergo R.I. for two years.The trial Court is directed to allow P.W.1's legal representatives to withdraw the said amount.

Cited provisions: Section 306 in The Indian Penal Code; Section 498A in The Indian Penal Code; Section 304B in The Indian Penal Code; Section 417 in The Indian Penal Code; Section 120B in The Indian Penal Code