ARAVINDAKSHAN AND OTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the three accused in C.C.No.17 of 1998 of the Judicial First Class Magistrate's Court-III, Thrissur. The defacto complainant in this case is the legally wedded wife of the first accused. The second accused is the mother of the first accused, and third accused is his brother. The first accused married the defacto complainant first as per a marriage agreement dated 07.03.1994, and thereafter in accordance with the customary rites and ceremonies on 11.09.1994. The accused faced prosecution on the allegation that the defacto complainant had been subjected to mental and physical harassment by the three accused by a course of cruel conduct by demanding more dowry and ornaments, and even otherwise. The police registered the crime on the complaint given by the defacto complainant. After investigation, the police submitted final report against the three accused.

(2.) All the three accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them under Section 498A IPC. The prosecution examined ten witnesses, and proved Exts.P1 to P7 documents in the trial court. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973 They did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found all the three accused guilty. On conviction, they were sentenced to undergo rigorous imprisonment for one year each under Section 498A IPC.

(3.) Aggrieved by the judgment of conviction dated 19.02.2003, the accused approached the Court of Session, Thrissur with Crl.Appeal No.172 of 2003. In appeal, the learned First Additional Sessions Judge, Thrissur confirmed the conviction and sentence, and accordingly dismissed the appeal. Now the accused are before this Court in revision, challenging the legality and propriety of the conviction and sentence.