G A MOHAMED MOIDEEN Vs. STATE

JUDGEMENT

(1.) The revision is directed against the conviction and sentence passed by the Courts below against both the revision petitioners under Section 304-B IPC and Section 4 of the Dowry Prohibition Act. The charge against the revision petitioners/accused is that the deceased, the daughter of P.W. 1, was subjected to cruelty and dowry harassment and that unable to bear the harassment, she committed suicide. The first accused is the son of the second accused and husband of the deceased.

(2.) The prosecution has examined P.Ws. 1 to 10 and marked Exs. 1 to P. 8 and M.Os. 1 to 11.

(3.) The case of the prosecution is as follows :The first accused married the deceased Megarun Begam about one and half year prior to the date of the incident. A male child was born to them out of lawful wedlock. At the time of the marriage, 32 sovereigns of jewels and cash of Rs. 10,000/- were given. P.W. 1 gave the said amount of Rs. 10,000/- to the second accused. Thereafter, the deceased and first accused were living amicably. After sometime P.W. 1 brought his daughter to his house for delivery. At that time, the second accused insisted that a sum of Rs. 50,000/- should be given for taking a municipal shop. P.W. 1 told the second accused that he would give the said amount after sometime. When the child was born to the deceased, it was intimated to the accused and thereafter, the deceased lived with P.W. 1 for about five months in his house. When the accused came to the house of P.W. 1, they again insisted P.W. 1 to give Rs. 50,000/-. P.W. 1 told them that he would give the amount after sometime. When P.W. 1 went to the house of the first accused to invite his daughter and the first accused for Ramzan, the second accused asked P. W. 1 as to what happened to the amount. Thereafter, P.W. 1 left the house of the first accused for his village.