MD. KHALEEL AHMED Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Revision Case is directed against the judgment of the learned IV-Additional Metropolitan Sessions Judge, Hyderabad, in Crl.A.No.134 of 2007, dtd. 05.03.2008, whereby the learned Judge, confirmed the conviction and sentence of rigorous imprisonment of one year and fine of Rs.2,000/-, in default simple imprisonment for three months for the offence punishable under Sec. 498-A of I.P.C, imposed against the revision petitioner-A1 by the learned XIII Additional Chief Metropolitan Magistrate, Hyderabad, in C.C.No.141 of 2002, dtd. 12.02.2007.

(2.) Brief facts of the case are that on 01.08.2001, the Police, Women Police Station, CCS, Hyderabad, received a private complaint of P.W.1/de facto complainant through the Court for investigation and report. It is stated in the report that the marriage of P.W.1 with the revision petitioner/A1 took place on 18.02.1993 as per Muslim Rites and Customs and A-2 to A-5 are the family members of A-1. At the time of marriage on the demand made by A-1 to A-5, the parents of P.W.1 gave sufficient dowry in the form of cash and kind and after the marriage also A-1 to A-5 demanded additional dowry of Rs.5,000/- from P.W.1 and the same was received by the accused. All the accused persons harassed and subjected P.W.1 to cruelty both mentally and physically and set her ablaze by pouring kerosene on her and caused burn injuries. On 06.02.2001 all the accused persons drove P.W.1 from their house by retaining all her belongings. Basing on the private complaint of P.W.1, a case in Crime No.353 of 2001 was registered for the offences punishable under Sections 498-A and 406 of I.P.C. and Sections 4 and 6 of the Dowry Prohibition Act, 1961 and after completion of investigation, the police filed a charge sheet against the accused. The accused were tried for the offences punishable under Sections 498-A of I.P.C. and Sections 4 and 6 of the Dowry Prohibition Act.

(3.) The prosecution has examined P.Ws.1 to 4 and got marked Exs.P1 and P2 to prove the guilt of the accused. On behalf of the accused, neither oral nor documentary evidence was adduced. On a perusal of the entire evidence, both oral and documentary, the trial Court, while acquitting A-2 to A-5 for the offences punishable under Sections 498-A of I.P.C. and Sections 4 and 6 of the Dowry Prohibition Act and A-1 for the offences punishable under Sections 4 and 6 of the Dowry Prohibition Act, found the revision petitioner-A1 guilty of the offence punishable under Sec. 498-A of I.P.C. and accordingly convicted and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for a period of three months for the said offence.