PENTLAVELLY KRISHNAIAH Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner herein challenging the judgment dated 03 -04 -2008 passed by the I Additional District and Sessions Judge, at Mahabubnagar in Criminal Appeal No. 104 of 2007 whereunder and whereby the conviction and sentence passed against the revision petitioner herein for the offence punishable under Section 498 -A IPC of the Indian Penal Code (for short, 'I.P.C') vide the judgment dated 12 -07 -2007 in C.C.No.334 of 2002 by the Judicial Magistrate of First Class, Kalwakurthy was confirmed.

(2.) THE revision petitioner herein is A -1, whereas respondent is the State in C.C.No.334 of 2002 before the trial Court. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the C.C. before the trial Court.

(3.) THE brief facts of the case are that the de facto complainant is the wife of A -1 and A -2 and A -3 are his brothers. The marriage of the de facto complainant with A -1 was performed in the year 1998 as per their custom and usage by giving dowry of Rs.20,000/ - besides gold and silver ornaments. After the marriage, they lead marital life happily for about two months and thereafter, A -1 started harassing the wife for additional dowry of Rs.10,000/ -. Due to poverty, his demand could not be complied with by his in -laws and therefore, the de facto complainant was necked out from the house by the accused and she joined in the house of parents. The de facto complainant filed private complaint alleging that her parents and relatives approached the accused requesting to take back his wife on Ugadi festival day. But the accused bluntly refused. On the other hand, they reiterated the demand of additional dowry of Rs.10,000/ - but due to poverty, the demand could not be complied with. Then A -1 threatened that he would contact another marriage, if any complaint is filed before the police. Hence, the de facto complainant lodged a complaint to the police. The police registered a case in Cr.No.65 of 2002 for the offences under Section 498 -A r/w 109 IPC. After completing the investigation, the police filed charge sheet into the Court.