DARMARAM YOBU 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 petitioners herein challenging the judgment dated 30.08.2007, passed by the III Additional District and Sessions Judge, (Fast Track Court), Mahabubnagar at Gadwal, in Criminal Appeal No.89 of 2006, whereunder and whereby the conviction and sentence passed against the revision petitioners herein for the offence punishable under Section 498 -A read with 34 of the Indian Penal Code, 1860, (for short 'I.P.C'), vide the judgment dated 05.07.2006 in C.C.No.198 of 2004 by the Judicial Magistrate of First Class at Alampur, Mahabubnagar District, was confirmed.

(2.) THE revision petitioners herein are A.1 to A.4, whereas respondent is the complainant in C.C.No.198 of 2004 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 case of prosecution is that on 17.08.2003 at 10:00 hours, de facto complainant -PW.1 lodged a complaint against A.1 to A.5, stating that herself and A.1 of same village loved each other and had decided to perform marriage, but his parents did not agree their decision, as such, they both went to Veerapuram village and married at Krishna Mandir on 03.04.2003 in the presence of Venkateswarlu, G. Gangadhar and Yesu. Later, they lived at Gadwal in house bearing No.7.7.17 of Chintalapeta. After one month, her mother -in -law, brotherin -law, Venkatesh and sister -in -law (A.2 to A.5) came to Gadwal and harassed her and threatened her with dire consequences by saying that they would see her end, kicked her with legs, but her husband did not try to stop them, and thereafter, he also started demanding Rs.20,000/ - as dowry. On 07.05.2003, her brother -in -law came and took away her husband to Ramapuram village, but A.1 did not return to house, as such, she along with her Aunt went to Ramapuram village and approached her husband. At that time, her mother -in -law, brotherin -law and sister -in -law threatened her, poured kerosene and tried to set fire on her, but she escaped with the help of neighbours. On the same day night, they sent her husband to an unknown place. On 16.08.2003 morning, when her husband returned to Ramapuram village, she and her father asked her husband to live with her but he did not agree and further demanded Rs.20,000/ - as dowry. Basing on the complaint, the Sub -Inspector of Police registered the case as in Cr.No.46 of 2004 for the offence punishable under Section 498 -A I.P.C. During the course of investigation, the Investigating Officer visited Ramapuram village and recorded the statements of witnesses, and on 20.10.2004 he arrested A.1 to A.5 and produced before the Court, and after completing the investigation, filed the charge sheet into the Court.