S RAJAMANICKAM Vs. STATE

JUDGEMENT

(1.) Heard Mr.G.Thiruvarutselvan, learned counsel appearing for the petitioner and Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl.Side) appearing for the respondent.

(2.) This petition is filed to set aside the Judgment passed in C.A.No.17 of 2008 on the file of the learned Principal District and Sessions Judge, Ramanathapuram dated 15.11.2017 modifying the order in C.C.No.152 of 2005 on the file of the District Munsif and Judicial Magistrate, Thiruvadanai dated 13.03.2008.

(3.) The case of prosecution is that the petitioner is the husband of the defacto complainant and the co-accused 2 and 3 were parents of the petitioner. A4 to A6 were sisters of the petitioner and A7 is the brother of the petitioner. The marriage between the defacto complainant and petitioner was solemnized on 15.05.2002. It is stated that within a period of one month from the date of marriage, the jewels of the complainant were pledged by the petitioner and he tortured the defacto complainant and demanded a sum of Rs. 5,00,000/- (Rupees Five Lakhs only) as dowry. The case was registered 498(A) and 406 of IPC and Section 4 of Dowry Prohibition Act. After the trial, the learned District Munsif cum Judicial Magistrate, Thiruvadanai convicted the petitioner and sentenced him to undergo two years Rigorous Imprisonment and to pay a fine of Rs. 5,000/- (Rupees Five Thousand only) in default to undergo three months Simple Imprisonment under Section 4 of Dowry Prohibition Act and the learned Judicial Magistrate has sentenced him to undergo one year Rigorous Imprisonment and to pay a fine of Rs. 3,000/- (Rupees Three Thousand only) in default to undergo three months Simple Imprisonment for the offence under Section 406 of IPC and the learned Judicial Magistrate has sentenced him to undergo two years Rigorous Imprisonment and to pay a compensation of Rs. 5,000/- (Rupees Five Thousand only) to his wife.