KUNHIMOOSA Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are A2 and A3 in C.C.No.339/2004 before JFCM Court-I, Perambra, instituted on a private complaint filed by the 2nd respondent in this revision petition. The trial Magistrate convicted and sentenced the petitioners for offence punishable under Section 498A IPC read with Section 34 IPC and sentenced each of them to undergo simple imprisonment for six months and pay fine of Rs.1,000/- with default sentence. The conviction and sentence were confirmed in Crl.A.No.837/2007, rejecting the challenge raised by the petitioners against the judgment of the learned Magistrate. The legality and propriety of concurrent judgments of conviction and sentence are challenged in this revision petition.

(2.) The revision petitioners are the father and mother respectively of the 1st accused to whom the de facto complainant-PW1 was married. A male child was born to the spouses. Prosecution allegation is that ever since she started residing with the accused, she was subjected to mental and physical harassment raising unlawful demand for dowry. She was manhandled also on two occasions. She was treated in hospital for a substantial period following the torture and ultimately, she was driven out of the matrimonial house by all the accused.

(3.) Even though she complained to police, no action was taken and therefore, private complaint was brought against the husband who is the 1st accused, the revision petitioners and also the sisters of first accused. The learned Magistrate who conducted inquiry was pleased to issue process only as against A1 to A3 after being prima facie satisfied that grounds constituting offences punishable under Sections 498A , 406 read with Section 34 IPC were made out.