VENUGOPAL; LINGAPPA; RAMAKKA Vs. STATE

JUDGEMENT

(1.) Heard Sri.C.N.Raju, learned counsel for the petitioner and Sri.Rachaiah, learned HCGP.

(2.) Present revision petition is filed under Section 397 of Cr.P.C. challenging the judgment of conviction and sentence passed in C.C.No.2488/2000 and affirmation of the same in Crl.A.No.976/2009 Petitioners herein were the accused in the said case. Charges were framed for the offences punishable under Sections 498-A and 323 of IPC r/w.Sections 3 & 4 of Dowry Prohibition Act, 1961. In order to bring home the guilt of the accused, prosecution has examined 6 witnesses and has got marked 10 exhibits. The accused have been sentenced to undergo simple imprisonment for a period of three months each and to pay fine of Rs.1,000/- each, in default of payment of fine, they shall undergo simple imprisonment for one month for the offence punishable under Section 498-A of IPC. The appeal in terms of Section 374 of Cr.P.C. filed by the accused came to be dismissed on 31.07.2010. It is these concurrent findings which are called in question on various grounds as set out in the revision petition.

(3.) Sri.C.N.Raju, learned counsel for the petitioners has fairly submitted that he would restrict his submission about the quantum of sentence only and request this Court to have a lenient view. He has submitted that second and third petitioners are the parents of first petitioner and that they are aged 60 years and 56 years respectively. Smt.Ramakka third petitioner is suffering from serious ailment connected with heart and documents are furnished to that effect. After having perused the same, they are returned to the learned counsel.