MARIMUTHU Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner was convicted by the learned District Munsif-cum- Judicial Magistrate, Kattumannarkoil (trial Court) in C.C.No.12 of 2015 vide judgment, dtd. 8/2/2023. Challenging the same, the preferred an appeal before the learned II Additional District and Sessions Judge, Chidambaram in Crl.A.No.19 of 2023 (lower appellate Court) and the same was dismissed vide judgment, dtd. 14/9/2023. Challenging the same, the present criminal revision case and the suspension of sentence.

(2.) The conviction and sentence of the trial Court is as follows:

(3.) The learned counsel for the petitioner submitted that the defacto complainant/PW1 is the wife of A1 and the petitioner/A3 is the sister's son of A1 and A2 is the mother of A1, who died during trial, charges against her abated. The case projected is that on 2/12/2014, the petitioner along with A1 and A2 had gone to the house of defacto complainant, abused and threatened her. On the complaint (Ex.P1) of PW1, FIR (Ex.P5) in Crime No.9 of 2014 registered for offence under Ss. 498(A), 294(b), 352, 506(i) of IPC and Sec. 6(2) of Dowry Prohibition Act against her husband/A1, mother-in-law/A2 and the petitioner/A3. The case projected against the petitioner is that the petitioner subjected the defacto complainant to cruelty. On 25/4/2014, the defacto complainant lodged a complaint (Ex.P1) against her husband/A1 and C.S.R.No.125 of 2014 assigned. Thereafter, compromise was held between A1 and the defacto complainant. A1 agreed to pay Rs.1,25,000.00 to the defacto complainant, but he failed to do so. On questioning the same, the occurrence dtd. 2/12/2014 said to have taken place. In this case, PW1 is the defacto complainant and other witnesses are relatives except the official witnesses. The overtact of the petitioner not clearly stated except he is the sister's son of A1, hence, the petitioner has nothing to do with the case and he not at all involved in the matrimonial life of A1 and the defacto complainant. He further submitted that the petitioner is in Central Prison, Cuddalore from 23/1/2024 after dismissal of the bail by the lower appellate Court, hence, he prayed for suspension of sentence.