[Criminal Appeal No. 1450 of 2009]. This appeal has been filed against the judgment and order dated23.04.2008 passed by the High Court of Judicature at Madras in Criminal Appeal No. 792 of 2007 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein and confirmed the order of conviction and sentence dated 30.07.2007 passed by the Ist Additional Sessions Judge, Salem, in Sessions Case No. 56 of 2004. 2) Brief facts: The marriage of Vijayalakshmi (the deceased) and Thiruselvam was solemnized on 06.09.2001 at Murugan Nagar, Zerinakadu, Yercaud, Tamil Nadu. After the marriage, she was staying at her matrimonial home in a joint family consisting of her husband, Krishnan (father-in-law), Chellammal (mother-in-law) and Kumar-the appellant/accused, brother-in-law of the deceased. After one year of the marriage, a baby girl was born out of the said wedlock. It is the case of the prosecution that after the birth of the girl child, the deceased was harassed and tortured by her husband and in-laws to bring money from her parents in order to take care of the baby. On several occasions, she was forced and even harassed to arrange money from her paternal home in order to fulfill the demand of dowry. In addition to this, her brother-in-law, Kumar (the appellant-accused) had bad intentions towards her. On 15.08.2003, at 2.00 p.m., the deceased called her brother -Chandrabose (PW-1) over phone and informed him that her husband and in-laws are torturing her for the money and asked him to bring the money immediately, within one hour, failing which, she would kill her and her child.
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