CHERIAN JACOB @ REJIMON Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the first accused in C.C.No.773 of 1996 of the Judicial First Class Magistrate's Court, Changanacherry.

(2.) He and his parents faced prosecution in the court below on the allegation that his wife Susan had been subjected to mental and physical harassment by them by a course of cruel conduct by demanding more dowry and ornaments, and even otherwise. The police registered the crime on the First Information Statement given by the victim at the hospital. After investigation, the police submitted final report against the victim's husband and his parents.

(3.) All the accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them under Section 498A IPC read with Section 34 IPC. The prosecution examined 13 witnesses, and proved Exts.P1 to P9 documents in the trial court. When examined under Section 313 Cr.P.C., all the accused denied the incriminating circumstances. On an appreciation of the evidence, the trial court found the third accused (father of the first accused) not guilty, and accordingly, he was acquitted. The accused Nos.1 and 2 were found guilty by the trial court. On conviction, the first accused was sentenced to undergo rigorous imprisonment for one year, and to pay a fine of Rs.3, 000/-, and the second accused was sentenced to undergo simple imprisonment for one year, and to pay a fine of Rs.3, 000/-.