VANUKURU VENKATESWERA RAO Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is preferred against the judgment, dated 21-01-2004, in S. C. No. 247 of 1993 on the file of the Sessions judge, Mahila Court, Vijayawada. whereunder and whereby A-1 was found guilty under section 498-A IPC and convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of rs. 1000/- (rupees one thousand only) in default to suffer simple imprisonment for a period of three months.

(2.) HEARD learned counsel appearing for the appellant; learned Additional Public Prosecutor, and perused the impugned judgment as well as the other material on record.

(3.) THE brief facts that are necessary for disposal of the Criminal Appeal are as follows: p. W. 1-Complainant is the wife of A-1; p. W. 2 is the mother of P. W. 1; P. W. 3 is the senior paternal uncle of P. W. 1; and P. W. 4 is the brother-in-law of P. W. 1. The marriage of p. W. 1 was performed with A-1 ten years back and immediate thereto she joined with A-1 for conjugal life and during their wedlock they were blessed with two daughters. A-1 addicted to vices and started harassing P. W. 1 both physically and mentally and used to threaten that he would kill her. On 05-04-2003 at about 7. 00 p. m. , when P. W. 1 was talking with her family members at her house both the accused-A-1 and A-2 came, and A-2 outraged the modesty of P. W. 1. On 07-04-2003 p. W. 1 presented a report to P. W. 5-Assistant sub-Inspector of Police, Penamaluru police station who registered it as Cr. No. 170 of 2003 under Sections 498-A, 354 r/w 34 IPC. Ex. P-2 is the First Information Report. P. W. 5 started investigating the crime and recorded the statements of P. Ws. 1 to 4. On the same day P. W. 5 visited the scene of offence which is located in front of the house of P. W. 1, and drafted the scene of offence, which is marked as Ex. P-3. On 08-04-2003 p. W. 5 arrested the accused and sent them to judicial custody, and after completion of investigation filed the charge sheet.