NARAMAN MOJES Vs. STATE OF A P

JUDGEMENT

(1.) THE sole accused who was tried in CC.No.206 of 2005 for the offence punishable under Section 498-A IPC on the file of the Special Judicial Magistrate of First Class for trial of Cases under Prohibition and Excise Acts, Mahabubnagar, is the petitioner herein. As both the trial Court and the lower appellate Court found him guilty of the said offence, he was sentenced to undergo rigorous imprisonment for a period of one year and also to pay a fine of Rs 500/-, in default to suffer simple imprisonment for a period of four months. He filed this Revision invoking the jurisdiction of this Court under Sections 397 and 401 of Cr.P.C.

(2.) THE case of the prosecution in brief is that the wife of the petitioner who was examined as P.W-1 gave a report to the Sub- Inspector of Police, Mahabubnagar Rural Police Station about the harassment meted out by her at the hands of the petitioner. On the basis of the said report, a case was registered against the petitioner herein and after investigation, a charge sheet was filed and the same reads as under: -

(3.) LEARNED senior counsel mainly laid emphasis on the letter addressed by P.W-1 on 09.06.1997, which was marked as Ex.D-2. According to him, the said letter clearly establishes that there was no harassment meted by the de facto complainant at the hands of the accused to attract the provisions of Section 498-A IPC and the entire prosecution case is a falsity.