VENKATESAN Vs. STATE

JUDGEMENT

(1.) THIS criminal revision case is directed against the judgment of the learned Principal Sessions Judge, Villupuram dated 24.03.2008 made in C.A.No.42/2007 on the file of the Sessions Court, Villupuram. By the said judgment, the learned Principal Sessions Judge, Villupuram has confirmed the conviction of the petitioners herein by the trial judge, namely the learned Judicial Magistrate No.2, Villupuram in C.C.No.289/2001 for offences punishable under Section 498-A IPC and Section 4 of the Dowry Prohibition Act.

(2.) IN a case registered as Cr.No.10/2001 on the file of the All Women Police Station, Villupuram, after investigation, the INspector of Police of the said police station submitted a final report alleging commission of offences punishable under Sections 498-A IPC and Section 4 of the Dowry Prohibition Act. The same was taken on file by the learned Judicial Magistrate No.2, Villupuram as C.C.No.289/2001. However, the learned Judicial Magistrate No.2, Villupuram, framed charges not only for the offences punishable under the above said provisions, but also for offences punishable under Sections 406 of IPC and Section 6 of Dowry Prohibition Act. As the petitioners/accused denied the charges and pleaded not guilty, the case was tried and in the trial 10 witnesses were examined as P.W.1 to P.W.10 and four documents were marked as Ex.P1 to Ex.P4 on the side of the prosecution. When the accused/petitioners were questioned under Section 313(1)(b) of Cr.P.C regarding the incriminating materials available against them in the evidence adduced on the side of the prosecution, they denied them to be false and reiterated their stand that they were innocent and not guilty. No witness was examined, but two documents were marked as Ex.D1 and Ex.D2, on the side of the accused.

(3.) THE arguments advanced by Mr.R.Shanmugavelayutham, learned senior counsel representing the counsel on record for the petitioners and that of Mr.I.Paul Nobel Devakumar, learned Government Advocate (Crl.Side) representing the respondent were heard. THE materials available on record were also perused.