C.P. BASAVARAJE GOWDA Vs. STATE

JUDGEMENT

(1.) In this revision petition under Section 397(1) read with Section 401 of Criminal Procedure Code, 1973, the petitioner has challenged the judgment of conviction and sentence for the offences punishable under Sections 498-A and 506 of Indian Penal Code, 1860 by the Civil Judge (Junior Division), Belur, in CC No. 801 of 2006 by order dated 12-7-2006, which has been confirmed by order dated 3-3-2010 in Cri A. No. 76 of 2006 on the file of the Fast Track Court, Hassan. The revision petitioner was the accused 1 before the Magistrate. A complaint was filed against the accused 1 and one C.T. Dharmegowda, the accused 2 by the wife of the accused 1 stating therein that her marriage with accused 1 was solemnized on 27-2-1996. After the marriage she gave birth to a female child and ever since then she was subjected to ill-treatment and harassment by accused 1 and her in-laws. Despite ill-treatment and harassment she delivered a son. Even then the accused 1 continued his ill-treatment and harassment to the Complainant for the sake of dowry.

(2.) In that connection, once she approached Manila Sahayavani Kendra, Chickmagalur, her birth place, where the accused 1 was summoned and reconciliation was made, thereafter, as per the advise by Mahile Sahayavani Kendra the accused 1 constructed a separate house and was residing therein with the complainant. There also he continued the ill-treatment and harassment, as such she again approached Manila Sahayavani Kendra, Chickmagalur where she was directed to lodge a complaint against her husband-accused 1 and his accomplice, accused 2-C.T. Dharmegowda. The police investigated into the matter and filed a charge-sheet against both the accused for the offences punishable under Sections 498-A and 506 of IPC before the Judicial Magistrate First Class, Belur. Both the accused denied the accusation made against them.

(3.) The prosecution in order to establish the charges examined as many as 5 witnesses as P.Ws. 1 to 5 and marked Exs. P. 1 to P. 5 apart from M.O. 1. The learned Magistrate upon consideration of the entire material placed on record and after hearing the Public Prosecutor and the defence Counsel held that the accused 1 is guilty of the offences punishable under Sections 498-A and 506 of IPC and thereby he has been convicted to undergo Simple Imprisonment for a period of one year for the offence punishable under Section 498-A of IPC and for a period of three months for the offence punishable under Section 506 of IPC, while acquitting the accused 2. The Cri. A. No. 76 of 2006 filed by the accused 1 before the Fast Track Court, Hassan came to be dismissed by order dated 23-3-2010.