KUNJA Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the 1st accused in C.C No.350/1999 of the Judicial First Class Magistrate Court-III, Palakkad. She and her son faced prosecution in the court below under Sections 498A and 506(ii) I.P.C on the allegation that the wife of the 2nd accused had been subjected to mental and physical harassment by them by a course of cruel conduct by demanding more dowry and ornaments and otherwise. The Police registered the crime on the complaint made by the wife of the 2nd accused, and after investigation submitted final report in court under Sections 498A and 506(ii) I.P.C against the mother-in-law and the husband of the de facto complainant.

(2.) The two accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against them. The prosecution examined 11 witnesses and proved Exts.P1 to P7 documents in the trial court. Both the accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 They did not adduce any oral evidence in defence, but Ext.D1 was marked on their side.

(3.) On an appreciation of the evidence, the trial court found the accused not guilty under Section 506(ii) I.P.C and acquitted them of the said offence, but they were found guilty under Section 498A I.P.C. On conviction, they were sentenced to undergo simple imprisonment for six months each and also to pay a fine of Rs. 1000/- each.