PRAJU @ PRAJUL Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the 1st accused in C.C.No.564/2004 on the file of JFCM-II, Perambra. His conviction and sentence for offence punishable under Section 498A passed by the trial Magistrate was confirmed in Crl.A.No.352/2007 on the file of Additional District and Sessions Judge, Fast Track (Ad hoc-1), Kozhikode, dismissing his appeal. He was sentenced to undergo simple imprisonment for two years and pay fine of Rs.5,000/- with default sentence for simple imprisonment for another three months. The concurrent judgment of conviction and sentence are challenged in this revision.

(2.) He was tried along with his parents and brother who are A2 to A4 in C.C.No.564/2004. PW1 the de facto complainant was married to him on 19.1.2003. No child has been born to the spouses. De facto complainant is a Lab Technician in Rajendra Nursing Home whereas the 1st accused is an employee in Mims Hospital, Kozhikode.

(3.) The prosecution allegation is that PW1 was adorned with 35 sovereigns of gold ornaments by her parents at the time of marriage and a cash amount of Rs.50,000/- was entrusted by him with the petitioner as amount of dowry. She lived in the matrimonial house where all the accused are alleged to have converted her gold ornaments and cash amount entrusted with husband for their personal use and committed criminal breach of trust. During her stay in the house, the petitioner and other accused demanded her to bring more ornaments of 15 sovereigns and raise a cash amount of Rs.25,000/- for their needs and when she failed to meet the unlawful demand, she was subjected to physical and mental harassment. It is also alleged that on 1.6.2003 a Muslim woman introducing herself to be Ramla Firoz from Koduvalli, disclosed to PW1 that she was already married to the petitioner and a seven months' old kid was born to them. From their information also, PW1 was convinced that the relationship was true and the petitioner had got many a similar illicit relationship. She realised that the marriage with Ramla Firoz was wilfully suppressed by all the accused and she was induced to marry the 1st accused solely for the purpose of deriving benefit out of gold and cash. All the accused were charge sheeted by the Sub Inspector of Police, Balusseri, on the charges of Section 406, 498A, 420, 120(b) read with Section 34 of IPC alleging that the accused had common intention to cheat PW1.