DEEPAK NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) This Criminal Revision Application is preferred challenging the judgment dated 18/04/2011 in Criminal Appeal No.36 of 2010 and thereby confirming the judgment of conviction dated 29/03/2010 passed by the learned Judicial Magistrate First Class, Vasco da Gama, Goa.

(2.) The applicant/accused is charged for the offence punishable under Section 498-A of the Indian Penal code. It is the case of the prosecution that applicant/accused and one Pramila Naik got married on 23/12/2005. After marriage she started residing with the applicant/accused and she stayed with him nearly for 4 to 5 months i.e. from 23/12/2005 to 16/05//2006. However, she was subjected to cruelty and harassment, so also there was a demand for dowry and money. She therefore left his house and gave complaint with the police for the offence punishable under Section 498-A of the Indian Penal Code. The trial proceeded against the applicant/accused and it was concluded in the conviction. The learned Judicial Magistrate First Class, thereby sentenced the applicant/accused to pay fine of Rs.3,000/- and to undergo 3 months Simple Imprisonment, in default of payment of fine to undergo 3 months Simple Imprisonment.

(3.) Learned Counsel for the appellant has submitted that complainant Pramila Naik was not treating her husband as a husband and she has given admission in her cross-examination to that effect. It is submitted that she was not wearing mangalsutra because she did not give him status of husband. The learned Counsel further submitted that the evidence of PW2/Manik Naik, sister of Pramila and of PW4/Ramdas Naik, brother of Pramila is hearsay, as they were not present at the time of assault. He further submitted that the injuries caused to the victim can be caused due to the fall and admission to that effect is given by the medical officer PW7/Dr. Seema Bandekar. He further submitted that PW3/Mr. Ulhas Lotlikar is a jeweler. However, he gave admission that the gold ornaments which were purchased by him from the lady were melted five to six months prior to its attachment.