LAWRENCE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the first accused in C.C. No.6/91 of the Judicial First Class Magistrate Court - 1, Kochi. The second accused therein was his mother. After trial the court found that they were liable to be convicted for the offence under S.498A read with S.34 of the Indian Penal Code. The present petitioner was sentenced to undergo R.I. for six months for the said offence and to pay fine of Rs. 2,000/- The second accused, however, was released on bond for Rs.2,000 / . The aforesaid judgment was confirmed by the Third Additional Sessions Court, Ernakulam in Crl.A. 465/93. It is aggrieved by these concurrent findings that the petitioner has approached this court.

(2.) The learned counsel for the petitioner submitted that the conviction in question has resulted in miscarriage of justice and that the courts below have not appreciated the facts correctly; that actually the evidence adduced was not in conformity with the grievances projected in the complaint and also that the ingredients of the offence under S.498 (A) have not established in so far as the sufferings alleged in the matrimonial home are not only not established but also not shown as connected with any demand for dowry.

(3.) Learned Government Pleader who was heard submitted that the concurrent findings of the two courts below could not be lightly interfered with as the revisional jurisdiction of this court is different from that of appellate jurisdiction. In that regard reliance was also placed on the decision in State of Karnataka v. Appa Balu Ingale and others ( AIR 1993 SC 1126 ).