LAWS(MAD)-2018-7-184

PARAMASIVAM Vs. STATE BY INSPECTOR OF POLICE

Decided On July 05, 2018
PARAMASIVAM Appellant
V/S
STATE BY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) The Revision Petitioners aggrieved by the order passed by the Principal Sessions Judge in Crl.A.No.16 of 2010, dated 30.08.2011, confirming the order of conviction and sentence passed by the Trial Court in C.C.No.165 of 2006, have filed the present Criminal Revision Petition before this Court.

(2.) The case of the prosecution is that the first petitioner and the de-facto Complainant got married on 20.10.2001 and after marriage the de-facto Complainant started living with the petitioners as a joint family. Out of the wedlock two children were born and after sometime the de-facto Complainant and the first petitioner started living separately. It is the further case of the prosecution that the second petitioner demanded dowry and she did not allow the de-facto Complainant to live with the first petitioner. The first petitioner started developing illegal intimacy with the another woman, who was originally arrayed as A-4 in the FIR. It is the further case of the prosecution that the first petitioner was abusing and assaulting the de-facto Complainant and after sometime during February 2006, the first petitioner even got married to the lady with whom he had illicit intimacy. The second and third petitioners were also committing cruelty on the de-facto Complainant and were preventing her from living with the first petitioner. Thus, it is the case of the prosecution that all the three petitioners together committed cruelty, physically assaulted with the de-facto Complainant demanded dowry and also threatened her, and therefore, an FIR was registered in Crime No.10 of 2006 for an offence under Section 498(A), 494, 506(ii), 352 and 323 IPC r/w Section 4 of the Dowry Prohibition Act.

(3.) The case was investigated by the respondent police and a Final Report came to be filed against the petitioners and independent charges were framed against the petitioners.