CHINNAPONNU Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition has been filed against the order passed by the Principal District Judge, Dharmapuri confirming the order of conviction and sentence passed by the Judicial Magistrate No.II, Dharmapur, for an offence under Section 498 (A) of IPC. The petitioners are A-1, A-4, A-6 and A-8.

(2.) The petitioners along with other accused persons were charged for an offence under Sections 147, 148, 355, 354 r/w 149, 323, 498 (A) of IPC and Section 4 of the Dowry Prohibition Act. The other accused persons were acquitted by the Trial Court. The petitioners were acquitted insofar as the other charges are concerned except for an offence under Section 498 (A) of IPC for which they were sentenced to undergo Rigorous Imprisonment for 1 year and fine of Rs. 500/- and on default 3 months of Simple Imprisonment. Along with the petitioners, A-2 and A-10 were also found to be guilty, but however since they died during the pendency, the criminal proceedings got abated insofar as A-2 and A-10 are concerned. This order of the Trial Court was confirmed in appeal and aggrieved by the same the petitioners have approached this Court by way of filing this Criminal Revision Petition.

(3.) The case of the prosecution is that A-1 who is the mother-in-law, A-2 who is the father-in-law of PW-2 and also A-3, A-5, A-7, A-9, A-11 and A-12 who are the sons of A-1, A-2 and A-4, A-6, A-8 and A-10 who are the daughters-in-law of A-1 and A-2 and A-13 to A-15 who are the henchmen of A-2 all, formed into an unlawful assembly and on 12.02.2001 at about 12.00 O' clock forcibly took PW-2 to Thoppiyar Dam and tonsoured her head against her will and removed her dress and burnt her tongue with a red hot needle and thereafter removed her Thali and made her husband PW-7 to again tie a Thali. It is the further case of the prosecution that PW-2 and PW-7 got married 7 years prior to the date of occurrence and suspecting her fidelity she was deserted. There was also a demand of dowry by A-1 and A-2 and she was forced to live with her parents for sometime. After 2 months staying with the parents, she was asked to return back to the matrimonial home. After PW-2 returned home, A-1 to A-12 on the guise that PW-2 was possessed by an evil spirit forced her to undergo a ceremony in order to remove the evil spirit. As a result of the same, the above said incident happened on 12.02.2001.