SOMASUNDARAM Vs. STATE

JUDGEMENT

(1.) The appellants in both these appeals who were ranked as A-1 to A-3 respectively have brought forth the appeals challenging the judgment of the learned II Additional Sessions Judge, Madras, made in S.C.No.266 of 1996 finding them guilty under S.498-A of I.P.C. and sentencing A-1 to undergo R.I. for three years and to pay a fine of Rs.2,500/- and in default to undergo S.I. for 6 months and sentencing A-2 and A-3 to pay a fine of Rs.5,000/- each and in default to undergo S.I. for nine months, while the criminal revision case has been brought forth by P.W.1 complainant against the said judgment of the Court below acquitting A-1 to A-3 under S.304-B IPC and imposing only a fine of Rs.5,000/- on A-2 and A-3 for the offence under S.498-A IPC.

(2.) The short facts necessary for the disposal of this appeal can be stated as follows:

(3.) In order to prove the charges levelled against the appellants/accused, the prosecution examined 10 witnesses and marked 9 exhibits. No M.Os. were marked. When the accused were questioned about the incriminating circumstances in the evidence under S.313 of Cr.P.C., they flatly denied the same as false. 2 defence witnesses were examined and two documents were marked. The trial Court after considering the rival submissions and scrutiny of the available materials found that the facts and circumstances do not warrant for a conviction under S.304(b) of IPC, but the appellants/accused were liable to be convicted under S.498-A of IPC and awarded punishment as above. Hence, both these appeals have come. Aggrieved over the acquittal of the accused under S.304(b) IPC and the imposition of fine alone on A-2 and A-3, P.W.1 has brought forth the revision.