LAWS(SC)-2023-2-106

P.SIVAKUMAR Vs. STATE

Decided On February 09, 2023
P.SIVAKUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The present appeals challenge the judgment and order passed by the learned Single Judge of the High Court of Madras dtd. 7/12/2011 thereby partly allowing Criminal Appeal No.192 of 2008 filed by the State and Criminal Revision Case No. 252 of 2008 filed by the first informant-wife.

(2.) The appellant No.1 had married PW-1-S.Beula on 4/12/2003. It appears that soon after marriage disputes arose between the parties and they started residing separately. PW-1-wife filed a complaint before the Deputy Superintendent of Police, Kanyakumari. After investigation, the charge sheet came to be filed for the offences punishable under Sec. 498-A IPC and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 against the four accused, namely, accused No.1-husband, accused No.2- mother-in-law, accused No.3-father in law and accused No.4-brother-in-law. The trial was conducted before the learned Judicial Magistrate, Court No.1, Nagarcoli, Kanyakumari District, Tamil Nadu. On the conclusion of the trial, the learned trial Judge acquitted all the accused persons of all the offences charged with.

(3.) Against the said order, the State filed an appeal and PW-1-Wife also filed a Revision Petition before the High Court. The appeal was partly allowed. By the impugned judgment and order, the acquittal of accused Nos. 1 to 3 was set aside and they were convicted for the offences punishable under Sec. 498-A IPC and Ss. 3 and 4 of the Dowry Prohibition Act.