KRISHNAN AYYAPPAN AND ORS. Vs. STATE AND ANR.

JUDGEMENT

(1.) This M.C. is filed by the accused in C.C. 210/85 to quash the N.B.W. issued by the Addl. Chief Judicial Magistrate, Thiruvananthapuram against the petitioners under Section 482 of the Cr.P.C.

(2.) Crime No. 40/85 was registered against the petitioners who are son and mother respectively alleging offence punishable under Section 498-A r/w Section 34 of I.P.C. The allegation is that on account of mental as well as physical cruelty inflicted by the petitioners to Santhi, the wife of the 1st petitioner, she was driven to commit suicide on 2.4.1985 by jumping into a well in the neighbouring compound. After completing investigation, the Investigating Officer laid charge-sheet against the petitioners alleging offence punishable under Section 498-A r/w Section 34 of I.P.C. before the Addl. judicial First Class Magistrate, Court-I, Thiruvananthapuram. Accordingly, C.C. 210/85 was registered against the petitioners and after trial by judgment dated 27.3.1987 the Addl. Judicial First Class Magistrate's Court-I, Thiruvananthapuram found the petitioners not guilty and acquitted them.

(3.) The State preferred Crl. Appeal No. 357/87 before this Court against the order of acquittal. The defecto complainant, the 2nd respondent herein also filed Crl. R.P. 604/88 before this Court challenging the order of acquittal. Both the appeal and revision were jointly heard by this Court, and as per the common judgment dated 28.10.1988 this Court set aside the order of acquittal of the petitioners by the Trial Court, found them guilty of the offence punishable under Section 498-A of the I.P.C. and remanded the case to the Trial Court for exercising the sentencing discretion. In that judgment this Court also observed that in exercising the sentencing discretion the Magistrate will be at liberty to call for1 a report from the District Probation Officer and consider the feasibility of applying the benevolent provisions of the Probation of Offenders Act. After remand, the Addl. CJ.M/s Court, Thiruvananthapuram after hearing both sides sentenced both the accused to undergo R.I. For three years each for the offence punishable under Section 498-A of I.P.C. by judgment dated 18.1.1989.