NOBIL AROCKIRAJ AND ORS. Vs. STATE

JUDGEMENT

(1.) The revision petitioners are arrayed as Accused Nos.1 and 2 in C.C.No.39 of 2009 on the file of the Court of District Munsif cum Judicial Magistrate, Manamadurai. They along with five other accused were charged for the commission of offences under Section 498(A) IPC and Section 4 of Dowry Prohibition Act 1960. The trial Court, after full-fledged trial, has convicted all the accused and sentenced them to undergo rigorous imprisonment for one year each for the commission of the said offences, fine of Rs.2,500/- each with default sentence of one month simple imprisonment and one year rigorous imprisonment respectively, vide judgment dated 06.05.2009. All the accused aggrieved by the conviction and sentence recorded by the trial Court preferred an appeal in C.A.No.25 of 2009 on the file of the Principal Sessions Judge at Sivaganga. The lower Appellate Court vide impugned judgment dated 07.09.2009 had acquitted the accused Nos.3 to 7 in respect of the commission of offences under Section 498(A) and Section 4 of Dowry Prohibition Act. Insofar as the appellants/A1 and A2 are concerned, the lower Appellate Court has acquitted them for the commission of offences under Section 4 of Dowry Prohibition Act and however, confirmed the conviction and sentence passed by the trial Court for the commission of offence punishable under Section 498(A) IPC and aggrieved by the same, the present appeal is filed.

(2.) The facts of the case would disclose that the marriage between the first petitioner and the de-facto complainant/P.W.1 was solemnized on 07.06.1998 as per Christian rites and Customs at Manamadurai and at the time of marriage, the parents of P.W.1 had given her 15 sovereigns of gold, cash of Rs.15,000/- and household articles worth about 30,000/-. The first revision petitioner/A1, at the time of marriage, was working as a Wire-man in the Telephone Department/BSNL. It is the specific case of the de-facto complainant/P.W.1 that right from the date of marriage, she has been subjected to cruelty, ill-treatment and harassment at the hands of all the accused and persuasive demand was made to bring a sum of Rs.5 lakhs to get an immovable property worth about Rs.5 lakhs, two wheeler and additional amount and since the said illegal demand was not acceded to, she has been subjected to physical abuse and torture.

(3.) It is the further case of the de-facto complainant/P.W.1 that though she became pregnant, the ill-treatment and harassment did not stop and for delivery of the first child, she has gone to parental home and a male child was born on 08.09.1999 and though 1+ years have lapsed after the birth of the male child, neither her husband, namely, A1 nor her in-laws had chosen to visit her and take her along with the child to the matrimonial home. In this regard, she has also lodged a complaint before the Social Welfare Officer, Sivaganga and nothing had fortified and left with no other option, she has lodged a complaint alleging harassment and ill-treatment on account of demand of dowry and based on the complaint, All Women Police Station, Manamadurai, Sivagangai, has registered a case for offences under Sections 498A of IPC and Section 506(ii) IPC and Section 4 of Dowry Prohibition Act.