VASUDEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence under Section 498A IPC in C.C.No.1010/2011 of the Judicial First Class Magistrate Court-I, Palakkad. The de facto complainant in this case is his legally wedded wife. She was married by him on 13.9.1992, and she has been residing separately from her husband for about seven years. He faced prosecution on the allegation that the victim had been mentally and physically harassed by the accused by demanding more dowry and ornaments, and also otherwise, and when she felt the things unbearable, she started living separately. The police registered the crime on the complaint made by the wife of the accused, and after investigation, submitted final report in court. The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him.

(2.) The prosecution examined seven witnesses in the trial court, and proved Exts.P1 to P6 documents. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo rigorous imprisonment for one year, and to pay a fine of Rs. 8,000/-, by judgment dated 3.11.2015. From out of the fine amount, Rs. 7,000/- is ordered to be given as compensation to the victim under section 357(1)(b) Cr.P.C., 1973. Aggrieved by the judgment of conviction, the accused approached the Court of Session, Palakkad with Crl.A. No.290/2015. In appeal, the learned Sessions Judge confirmed the conviction and sentence, and accordingly, dismissed the appeal.