UNNIKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 498A IPC in C.C. No.488/1997 of the Judicial First Class Magistrate Court-I, Thrissur. He faced prosecution in the court below on a complaint made by his wife Vijaya. She was married by him on 10.9.1995, and she left the matrimonial home on 17.4.1997. At the initial stage, after marriage, she lived with her husband for three months, and thereafter, resided with her parents for eight months. In terms of a compromise that ensued, she rejoined him, and on 17.4.1997, she left the matrimonial home due to the assault made by her husband. The police registered the crime on the complaint made by her, and after investigation, submitted final report in court.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him. The prosecution examined nine witnesses, and proved Exts.P1 to P4 documents in the trial court. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973 In defence, he examined himself as DW1 with the permission of court under Section 315 Cr.P.C., 1973

(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. 5,000/-. Aggrieved by the judgment of conviction dated 27.4.2002, the accused approached the Court of Session, Thrissur with Crl.A. No.187/2002. In appeal, the learned Sessions Judge confirmed the conviction and sentence, and accordingly, dismissed the appeal. Now, the accused is before this Court in revision challenging the legality and propriety of the conviction and sentence.