BESAI VENKATA RAMANA MURTHY Vs. STATE

JUDGEMENT

(1.) The revision petitioner stands convicted under Section 498-A of the Indian Penal Code ('the IPC' for brevity) and sentenced to undergo rigorous imprisonment for one year and further sentenced to pay a fine or Rs. 500/- and in default to suffer simple imprisonment for two months by the learned II Metropolitan Magistrate, Visakhapatnam, by her judgment dated 10-11-1998 in C.C. No. 411 of 1997 and the same has been affirmed by the learned Sessions Judge, Mahila Court, Visakhapatnam, in Criminal Appeal No. 169 of 1998 dated 11-5-2000.

(2.) The revision petitioner is the 1st accused. the case against the petitioner was that this his marriage with PW-1 was performed on 25-5-1989 at Tirupati and that at the time of marriage on demand from the petitioner, PW-3 the father of PW-1 paid an amount of Rs. 40,000/- towards dowry and gave six tulas gold jewellery to PW-1. The petitioner and PW-1 lived together happily for two years and that in the year 1991, the petitioner developed illicit intimacy with A4 and started harassing and ill-treating PW-1. PW-1 therefore, gave a report against the petitioner in IV Town Police Station in the year 1992 and it ended in compromise when the petitioner/A1 had given an undrtaking that he would live with PW-1 properly. A2 to A4 also gave a similar undertaking. However, the petitioner continued his illicit contacts with A4 with the connivance of A2 and A3 and kept her at Naupada and was making periodical visits. Subsequently, a male child was born to A4. The petitioner not only nelgected PW-1 and her daughter, but also insisted her to live in harmony with A4, and threatened to kill PW-1 and her daughter, if she disagreed with his proposal. The petitioner misappropriated the gold jewellery of PW-1 and frittered away the sale proceeds. He used to insist PW-1 to take divorce and beat her in that connection and further harassed to bring more money from her parents towards dowry.

(3.) At the time of trial eight witnesses were examined in support of the charges under Sections 498-A and 506 of IPC and Exs.P1 and P2 were got marked. A2 and 3 were discharged and A1 and A4 alone were tried for both the offences. At the culmination of the trial, the trial Court after having considered the evidence on record convicted the petitioner alone under Section 498-A of the IPC and sentenced him as aforesaid and acquitted him of the other charge under Section 506 of the IPC. A4 was also acquitted of both the charges.