NEGUNURI SRINIVAS Vs. STATE OF A P

JUDGEMENT

(1.) Petitioners herein were tried as accused Nos.1 and 2 by the IV Additional Judicial Magistrateofl Class,Warangal in C.C.No.666 of 1997 for the offences punishable under Section 498-A of IPC and under Section 4 of Dowry Prohibition Act. Before the trial Court the prosecution examined the wife of the first petitioner as P. W. 1, the parents of P. W. 1 as P. Ws.2 and 3, the brother of P. W. 1 as P. W.4 and some other witnesses as P.Ws.5 to 8. Having considered the entire evidence, the trial Court came to the conclusion that the petitioners are guilty of the said offences and accordingly convicted the petitioners for the said offences. However, as P. W. 1 came forward and filed an affidavit before the trial Court stating that the matter was settled by the elders and that she was living with her husband i.e. the first petitioner herein, the trial Court, instead of sentencing them for the offences, for which they were convicted, took a lenient viewand applied the provisions of the Probation of Offenders Act, 1958 and thus released the petitioners on their executing bonds for Rs.10,000/- each to keep peace and be of good behavour for a period of two years.

(2.) It appears, subsequently, P.W.1 appeared before the learned Magistrate on 11.06.2001 and filed an affidavit stating that the petitioners have again started harassing her and illtreating her by beating her and her children indiscriminately. On the basis of the said affidavit, the learned Magistrate issued summons to the petitioners and on their appearance sentenced the first petitioner to undergo rigorous imprisonment for one year and to pay fine of Rs.3,000/-for the offence punishable under Section 498-A of IPC and further sentenced to suffer rigorous imprisonmentfora period of six monthsforthe offence punishable under Section 4 of the Dowry Prohibition Act and in default of payment of fine to suffer simple imprisonment for five months; sentenced the second petitioner to undergo rigorous imprisonment for six months for the offence punishable under Section 498-A of I PC and to undergo rigorous imprisonmentfora period of three months for the offence punishable under Section 4 of the Dowry Prohibition Act.

(3.) Assailing the said judgment dated 29.11.2001, the petitioners preferred an appeal before the V Additional Sessions Judge vide Criminal Appeal No.205 of 2001 and the learned Sessions Judge dismissed the said appeal by hisjudgment dated 21.10.2003. Questioning the same, the petitioners filed the present revision.