RAJESWARI Vs. NACHIMUTHU

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of acquittal in C. C. No. 231 of 1997 on the file of the Court of Judicial Magistrate, Udumalpet, Coimbatore. The complainant is the wife of A1 Nachimuthu.

(2.) THE short facts of the private complaint preferred by the complainant relevant for the purpose of deciding this appeal, are as follows:-The complainant would state that on 5. 6. 1990, the marriage between the complainant and the first accused took place at Ariyanachipalayam and that at the time of marriage, he was presented with the gold chain weighing five soverigns and a pair of ear stud weighing two soverigns besides utensils and that three months later, the accused demanded more dowry and that the first accused had beat her and had driven out of the matrimonial home. The first accused had filed H. M. O. P before the Subordinate Judge, Udumalpet for divorce and since the first accused had filed a compromise petition ,withdrew the divorce petition. She would further allege that the first accused had demanded Rs. 20,000/- from her in order to purchase a pair of bullocks and a cart and that since she could not bring Rs. 20,000/- from her parents house, she was beaten by the first accused and sent out of the matrimonial home. On 10. 3. 1997, the first accused had once again beat the complainant holding her tuft and that she had sustained simple injury all over her body. There was a mediation took place in the village of the first accused but it would not be fructified. Now 2nd and 3rd accused are trying to conduct the second marriage for the first accused. The complainant would further allege in her complaint that on 28. 3. 1997, the first accused came to her parents house and criminally intimidated her with stones. Since the police have failed to take action against the complaint filed by her on 13. 5. 1997, she had filed this complaint under Section 200 Cr. P. C. for an offence under Sections 498 (a) and 506 (ii) IPC.

(3.) THE learned Judicial Magistrate has taken the private complaint on his file after recording sworn statement and on appearance of the accused had furnished copies under Section 207 Cr. P. C. , when the change levelled against the accused were explained to them,they pleaded not guilty.