OTTUMPURATH HANEEFA Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are the appellants in Crl.A No.323 of 2008 on the file of the Additional Sessions Judge (Adhoc III), Manjeri and accused in CC No.991 of 2001 on the file of the Judicial First Class Magistrate Court-1, Parappanangadi. The offences alleged against accused 1 to 3 are punishable under Sections 406, 420, 498(A) r/w Section 34 of the Indian Penal Code.

(2.) By the judgment dated 29.09.2008, the learned Magistrate convicted and sentenced the 1 st and 2nd accused to undergo simple imprisonment for 1 1/2 years each and to pay fine of Rs.5,000/- each in default to undergo simple imprisonment for six months each for the offences punishable under Section 498(A) r/w 34 of the IPC . The accused 1 to 3 were acquitted for the offences under Sections 406 , 420 r/w 34 of the IPC . The 3 rd accused was acquitted for the offence under Section 498(A) r/w 34 of the IPC . Feeling aggrieved, the accused 1 and 2 preferred Criminal Appeal before the Additional Sessions Judge (Adhoc III), Manjeri. By the judgment dated 30.09.2009, the learned Additional Sessions Judge set aside the conviction and sentence imposed by the trial court and remanded the case to the trial court for further evidence, if any.

(3.) The prosecution case in brief is hereinbelow:- The 1st accused is the husband of the PW1 and the 2 nd accused is the mother of the 1st accused. The 3rd accused is the sister of the 1st accused. The 1st accused married PW1 on 06.09.1996 in accordance with the Muslim Personal Law. It is alleged that at the time of the marriage, the relatives of PW1 paid an amount of Rs.35,000/- and entrusted 15 sovereigns of gold ornaments to the 1st accused. It is further alleged that accused 1 and 2 along with the 3rd accused in furtherance of their common intention, subjected PW1 to cruelty by demanding more gold ornaments and amount from PW1 while she was residing along with the 1st accused in her matrimonial home and thereby, the accused committed the offences punishable under Sections 406 , 420 , 498(A) r/w 34 of the IPC .