BALASARAVANAN Vs. STATE

JUDGEMENT

(1.) THE accused in C.C.No.159 of 2001 on the file of the learned Judicial Magistrate No.III, Vellore were prosecuted for offences punishable under Section 498 (A) IPC and Section 4 of Dowry Prohibition Act. They were found guilty in respect of both the charges and convicted. Each one of the petitioners/accused was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/ - and in default of payment of fine to undergo rigorous imprisonment for a further period of three months for the offence under Section 498(A) IPC. For the offence under Section 4 of Dowry Prohibition Act each of the petitioners was sentenced to undergo rigorous imprisonment for six months. No fine was imposed for the said offence.

(2.) AS against the conviction and sentence, the revision petitioners herein preferred an appeal in C.A.No.137 of 2004 before the learned Principal Sessions Judge, Vellore. The learned Principal Sessions Judge, Vellore allowed the said appeal in part, confirming the conviction recorded by the trial Court in respect of both the offences. The sentence imposed on the revision petitioners/accused in respect of the offence punishable under Section 4 of the Dowry Prohibition Act was confirmed. The lower appellate Court modified the substantive sentence imposed on each one of the revision petitioners/accused for the offence under Section 498(A) IPC and reduced the same into six months rigorous imprisonment from two years rigorous imprisonment. However, while reducing the substantive sentence, the learned Principal Sessions Judge, enhanced the fine amount for the said offence from Rs.500 to Rs.5,000/ -. The learned Principal Sessions Judge also directed payment of Rs.8,000/ - as compensation to the wife of the first petitioner herein out of the total fine amount of Rs.10,000/ - to be collected from the revision petitioners/accused.

(3.) THIS Court heard the arguments advanced on both sides and perused the materials available on record.