CH NARENDER REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The revision petitioner assails the conviction and sentence passed against him by the learned XXII Metropolitan Magistrate, Hyderabad in C.C. No. 41 of 1995 convicting him for the offence under Section 498-A of the Indian Penal Code and sentencing him to suffer rigorous Imprisonment for two years and further sentencing him to pay a fine of Rs. 1000.00 and in default to suffer Simple Imprisonment for Six months and the Judgment of the IV Additional Metropolitan Sessions Judge, Hyderabad dated 26-6-1998 in Cri. Appeal No. 561 of 1996 in having confirmed the conviction and sentence passed by the Trial Court.

(2.) The factual matrix germane for appreciating the two points raised by the learned counsel for the revision petitioner may be stated thus :

(3.) The first contention of the learned counsel for the petitioner is that the evidence of PWs 1 to 3 shall have to be appreciated with reference to the other attendant circumstances and probability factor, and absolutely there has been no whisper about the legal cruelty meted out to P.W. 1 either in the reply notice given by her dated 27-2-1986 or in her deposition given in O.P. No. 125 of 1986, till the present complaint was filed on 12-3-1990 and, therefore, the evidence of P.W. 1 shall have to be appreciated in this background. The learned counsel for the revision petitioner further contends that the complaint having been filed on 12-3-1990 more than four years obviously after the alleged cruelty and so it is clearly time-barred and the initial cognizance taken by the trial Court itself is wrong.