HARIDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the 1st accused in CC No.1528 of 2003 on the file of the Judicial First Class Magistrate Court, Kunnamkulam and the appellant in Crl. Appeal No. 772 of 2006 on the file of the Third Additional Sessions Judge (Adhoc) Fast Track Court-I, Thrissur. By its judgment dated 15.11.2006, the learned magistrate convicted and sentenced the revision petitioner/1st accused to undergo simple imprisonment for six months and also to pay a fine of Rs.1,000/- and in default of payment of fine to undergo simple imprisonment for one month more.

(2.) Challenging the conviction and sentence, the revision petitioner/1st accused preferred Crl.Appeal No.772 of 2006 before the Sessions Court, Thrissur. The learned Third Additional Sessions Judge, to whom the case was made over for hearing, dismissed the appeal confirming the conviction and sentence imposed by the trial court. Feeling aggrieved, the revision petitioner/1st accused is before this Court.

(3.) The prosecution case, in brief, is as hereunder; The 1st accused is the husband of PW1. The marriage between the 1st accused and PW1 was solemnized on 07.05.2001 in accordance with the custom prevailing in their community. Thereafter, the couple resided together at the residence of the accused. It is alleged that while so, the accused treated PW1 with cruelty by demanding more dowry and harassed both physically and mentally. Thus, the accused are alleged to have committed the offences punishable under Sections 323 and 498(A) r/w Section 34 of the Indian Penal Code (hereinafter referred to as, " IPC "). Accused 2 and 3 are the parents of the 1st accused.