K.VELMURUGAN Vs. STATE

JUDGEMENT

(1.) The husband is the petitioner herein. The petitioner herein, who is one of the accused in C.C.No.880 of 2006 and who is the sole appellant in Crl.A.No.12 of 2009, is the petitioner herein. This criminal revision is filed against his conviction and sentence for the offence under Section 498A IPC passed by the trial Court as confirmed by the lower appellate Court.

(2.) The few facts which are relevant for consideration herein are as follows :

(3.) The complaint proceeds as if the husband was initially unwilling to take his wife to his place of employment and he was postponing the same on the pretext that he did not like her and he was unwilling to live with her and the same compelled the wife to arrange for the panchayat in the presence of the villagers and the husband side had been frequently beating her by insisting her to part with her jewels to discharge the loan and on her failure to do so, the husband, mother -in -law and brother -in -law beaten and driven her out of the matrimonial house and again Panchayat was held on 27.03.2006. In pursuance of the same, she was taken back to her matrimonial house. But her husband and in -laws did not talk to her and did not provide her food and they used to shout at and harass her cruelly and the husband with an intention to kill her, pulled her hair and pushed her against the wall at 5.30am on 29.03.2006 and he repeatedly fisted her against her chest and her face and kicked her on her stomach and when she started shouting, her mother -in -law and brother -in -law came and closed her mouth with cloth to prevent her from shouting and her mother -in -law and brother -in -law held her hands and the husband assaulted her and caused her burn injuries and she was threatened not to disclose it failing which to do away with her. The complainant further proceeds as if her brother/Selvakumar came to her house and she informed him and went along with him to his parents house and the parents were informed about the same and she was brought to the police station along with her parents on 02.04.2006 and the complaint, was registered as FIR in Polur, All Women Police Station Cr.No.3 of 2006 for the offences under Section 498(A), 406, 342, 506(ii) r/w.109 IPC against the husband, mother -in -law and brother -in -law and the same was investigated into and culminated as CC.No.880 of 2006 for the offences under Section 498(A), 406, 342, 324, 506(ii) r/w.34 IPC.