CHAMI Vs. STATE OF KERALA

JUDGEMENT

(1.) The short question arises in this Crl. Revision is whether the act of the husband in bringing a concubine to his house, and living with her as husband and wife in the presence of his wife, amounts to 'cruelty' within the meaning of S. 498A of I.P.C. The petitioner/husband who is the accused in C.C. No. 310 of 2001 of the Judicial First Class Magistrate's Court-I, Perinthalmanna, has challenged the conviction and sentence, before the Sessions Court, Manjeri through Crl. Appeal No. 51 of 2005. The learned Additional Sessions Judge, concurred with the findings entered by the trial court, and dismissed the appeal through the impugned judgment.

(2.) Pw1, Sumathi, was given in marriage to the petitioner 20 years back to the commencement of the case before the trial court. Two children were born in their wedlock. The elder daughter was given in marriage and younger son was only 10 at the time of evidence before the trial court. PW1 had to work as a daily labourer in order to pull on as she and her children were not being properly maintained by the petitioner. The petitioner was engaged in witchcraft and black magic. Under the guise of such business, after the marriage of their daughter, he brought a lady named Soumini daughter of Sivadasan of Kottapuram to his house and they lived together as husband and wife in the presence of PW1. PW1, who happened to see them in a compromising position, made a hue and cry, which resulted in a mediation. Even though the petitioner was reluctant to send Soumini back, in the mediation he was compelled to do it. However, after some days, again he brought her back and started living together in the presence of PW1. Apart from that, the petitioner used to beat PW1 frequently thereby inflicting bodily harm to her. It is also alleged that once he had brought a bottle of poison (furudan) and directed PW1 to consume it. After exerting threat that she would be done away with in case she fails to consume it prior to his coming back, he went away. Even after that, physical and mental harassment continued, and after some days PW1 was forcibly driven out of the house. PW1 took shelter at her house along with her brother.

(3.) On the basis of Ext. P1 complaint preferred by PW6 before the Sub Inspector of Police, Perinthalmanna, PW5-Head Constable registered Crime No. 966 of 2000 through Ext. P2 First Information Report, thereby the law was set in motion. The matter was investigated upon and the charge was laid.