GULAM MOHD MOIZUDDIN Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal revision case is filed by the revision petitioner, who is Accused No. 1 against the judgment of the learned I Additional Metropolitan Sessions Judge, Hyderabad, passed in Crl. No. 102 of 2002, dated 21-8-2001, whereunderthe learned Sessions Judge dismissed the appeal in so far as revision petitioner/Accused No.1 is concerned, while confirming the conviction and sentence recorded by the trial Court against him and allowed the appeal in so far as Accused No. 2 is concerned, while acquitting him of the charge levelled against him. In so far as Accused No. 3 is concerned, the lower appellate Court dismissed the appeal as abated.

(2.) The brief facts that are necessary for the disposal of the present revision may be stated as under:

(3.) The sub-inspector of Police, Chaderghat Police Station, filed the charge sheet against A-1 to A-3 alleging that A-2 and A-3 are her in laws and the 1 st accused married the defacto complainant, P.W.1 on 17-12-1993 for a dower of Rs.50,000- and that jadhez articles including some gold and silver ornaments worth of Rs. 2.00 lakhs were presented at the time of marriage. Besides this, an amount of Rs. 30,000- was paid as per the demand of the accused. Immediately afterthe marriage, the defacto complainant joined the company of the petitioner-accused and they lived happily for a few days and thereafter, A-1 and his parents started demanding Rs. 1,70,000/- for purchasing a flat. However, the parents of the defacto complainant could not arrange the said amount and they could only arrange an amount of Rs. 30.000/-. The accused then sold away 25 tolas of gold ornaments belonging to P.W.1 for purchase of a flat. Thereafter, A-1 started harassing her and also used to beat and abuse her in filthy language. She could not bear the harassment and finally, she lodged a compliant with the police and on the basis of the same, the sub-lnspectorof Police registered a case in Crime No. 191/98 under Sections 498-A and 406 of I.P.C. and under Sections 3 and 4 of Dowry Prohibition Act. The Investigating Officer on completion of investigation, filed charge sheet against the accused. The accused were tried for the offences under Sections 498-A I.P.C. and under Sections 4 and 6 of Dowry Prohibition Act.