K.CHANDRA SEKHAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C., against the judgment of the I-Additional Metropolitan Sessions Judge, Hyderabad, passed in Crl.A.No.215 of 2012, dated 30.08.2013, by which the conviction and sentence of rigorous imprisonment for a period of two years, imposed against the revision petitioner/accused for the offence punishable under Section 498-A of I.P.C. in C.C.No.138 of 2008, dated 21.02.2012 by the XIII-Additional Chief Metropolitan Magistrate (Mahila Court) at Hyderabad, was modified to one year rigorous imprisonment, while confirming the sentence of fine of Rs.5,000/-, in default to suffer simple imprisonment for six months.

(2.) It is the case of the prosecution that the revision petitioner/accused, who is working as Police Constable, married the de facto complainant, K.Supriya, in the year 2001 and after marriage, he used to come to house in drunken condition and when she questioned about the same, he abused her and beat her indiscriminately and did not bother about the family expenditure. Once, the elders advised the revision petitioner/accused to behave properly, but few months after the advice, the revision petitioner/accused again started harassing the de facto complainant and on her information, the Women Protection Cell also conducted counseling, but in vain. Hence, the revision petitioner/accused was tried for the offence punishable under Section 498-A of I.P.C. The prosecution has examined P.Ws. 1 to 5 and got marked Exs.P1 and P2 to prove the guilt of the revision petitioner/accused. Neither oral nor documentary evidence was adduced on behalf of the revision petitioner/accused. On a perusal of the entire evidence, both oral and documentary, the trial Court found the revision petitioner/accused guilty of the offence under Section 498-A of I.P.C. and accordingly convicted and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/-, in default of payment of fine, to undergo simple imprisonment for a period of six months.

(3.) In an appeal preferred by the revision petitioner/accused against the aforesaid conviction and sentence, the learned I-Additional Metropolitan Sessions Judge, Hyderabad, confirmed the conviction, but modified the sentence of rigorous imprisonment from two years to one year as stated supra. Aggrieved by the same, the revision petitioner/accused preferred this Criminal Revision Case.