SANTHA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused Nos. 1 and 2 in C.C.No. 62 of 2004 on the file of the Special Judicial First Class Magistrate (Marad Cases) Kozhikode. At the relevant point of time, the first accused was working as an Upper Division Clerk and the second accused, her husband, was employed in Kerala Soaps and Oil Mills Limited.

(2.) The case arose from a private complaint filed by P.W.1 before the Magistrate alleging that the accused committed the offences punishable under Sections 504, 509, 294(a), 506(1) read with Section 34 of the Indian Penal Code. The complaint was forwarded to the Sub Inspector of Chevayur, under 8.156(3) of the Code of Criminal Procedure. He registered the case and investigated the same. After investigation, the final report was filed alleging that the accused committed the offences punishable under Sections 504, 509, 294(a), 506(1) read with Section 34 of the Indian Penal Code. When the revision petitioners appeared before the learned Magistrate, copies of the relevant documents were furnished to them. The substance of accusation was read over and explained to them. They understood the same and pleaded not guilty.

(3.) On the side of prosecution, P.Ws. 1 to 10 were examined. Exts.Pl to P3 proved and marked. After the prosecution evidence was over, the accused was questioned under Section 313 of the Code of Criminal Procedure. They denied all the allegations levelled against them. No defence evidence was adduced. The learned Magistrate found the accused guilty of the offences punishable under Sections 504 and 509 read with Section 34 of the Indian Penal Code. They were further found not guilty of the offences punishable under Sections 294(a) and 506(1) I.P.C. and acquitted of those offences. After convicting the accused, the learned Magistrate sentenced the revision petitioners to undergo simple imprisonment for three months each and a fine of Rs. 2,000/- each for the offence under Section 504 of the Indian Penal Code. The second accused was sentenced to undergo simple imprisonment for one month for the offence under Section 509 I.P.C. No separate sentence was imposed on the first accused for the offence punishable under Section 509 of the Indian Penal Code. Fine if any realised was directed to be paid as compensation to the defacto complainant. The substantive sentence imposed on the second accused was directed to run concurrently.