SELVARAJ Vs. STATE

JUDGEMENT

(1.) THIS criminal revision petition is by the second accused of the five accused who has been convicted by the Judicial First Class Magistrate, Padmanabhapuram for an offence under Sec.498-A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.200 in default to undergo rigorous imprisonment for one month. Accused 3 to 5 sisters of the second accused were acquitted by the learned Magistrate. Along with this revision petitioner-second accused the first accused-his mother also was convicted and sentenced to undergo rigorous imprisonment for six months. Both the convicted accused filed an appeal and the learned Sessions Judge, Kanyakumari acquitted the first accused, but confirmed the conviction and sentence of the second accused. It is against this the second accused has come up with this revision.

(2.) THE case against the accused is that the second accused was married to P.W.1. Lissi on 12.11.1984. At the time of marriage, P.W.1's father P.W.2 gave the second accused a dowry of Rs.20,000 and he also gave his daughter jewels of 38 sovereigns. Apart from this, as the accused demanded more dowry of Rs.30,000 on 10.11.1984, i.e. two days before the marriage, P.W.2 executed a mortgage deed for a sum of Rs.30,000 in favour of the second accused and his daughter P.W.1. on the understanding that on payment of Rs.30,000 by P. W.2 the mortgage shall be cancelled.

(3.) THE accused all denied the charge.