ADI AND ORS. Vs. STATE

JUDGEMENT

(1.) The petitioners are the accused in C.C. No. 513 of 2000 on the file of the learned Judicial Magistrate, Valliyoor in Tirunelveli District. The first petitioner stood charged for the offences under Sections 493 and 496 of Indian Penal Code and the second petitioner stood charged for the offence under Section 4 of Dowry Prohibition Act. By judgment dated 09.06.2006, the trial Court convicted the first petitioner under Sections 493 and 496 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- for each offence, and in default to undergo rigorous imprisonment for three months. The trial Court ordered the first accused to undergo both the sentences concurrently. The trial Court convicted the second accused under Section 4 of the Dowry Prohibition Act and sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs. 5,000/- and in default to undergo one month simple imprisonment.

(2.) Challenging the said conviction and sentence, the petitioners filed an appeal in C.A. No. 141 of 2006 on the file of the learned Additional Sessions Judge (Fast Track Court No. 2), Tirunelveli. The learned Additional Sessions Judge by judgment dated 21.07.2007 dismissed the appeal and confirmed the conviction and sentence imposed by the trial Court. As against the same, the petitioners are before this Court with this Criminal Revision Case.

(3.) The case of the prosecution in brief is as follows: