STATE OF KERALA Vs. RAMADAS BALAKRISHNAN AND ORS

JUDGEMENT

(1.) The State, aggrieved by the acquittal of the accused for the offence under Section 498A of Indian Penal Code, has come up in appeal before this Court.

(2.) PW1 is the wife of the 1st accused and the 2nd accused is none other than the mother of the 1st accused. PW2 is the father of PW1. The marriage between the 1st accused and PW1 was solemnised on 27.10.1991 and after the marriage, PW1 took up residence in the matrimonial house and a girl child was born in that wedlock on 31.07.1992. The allegations are that ever since the marriage, PW1 has been harassed and heckled by the accused persons demanding more dowry and she was physically and mentally tortured and was treated cruelly by the accused persons. It is alleged that 27 sovereigns of gold which PW1 received at the time of marriage were taken away by the 1st accused at the behest of the 2nd accused and even though they had promised to return the same, they had not done so. It is also alleged that after she had gone to her parental house for delivery, nobody visited her and the child and it was after six months that the 1st accused had visited the child. There were differences of opinion between the parties and after the mediation which had taken place, PW1 claims to have taken up her residence with the 1st accused. It is stated that he continued to harass PW1 and ultimately she left for her house.

(3.) Ext.P1 is the complaint laid by PW1. Based on Ext.P1, a crime was registered as per Ext.P5 First Information Report. Scene mahazar was prepared and after investigation, final report was laid before court.