SHAIK KHAJA MOHINUDDI Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Revision Case is directed against the judgment of the learned III-Additional Sessions Judge (FTC-II), Khammam, in Crl.A.No.27 of 2005, dtd. 12.01.2006, whereby the learned Judge, confirmed the conviction and sentence of rigorous imprisonment for a period of two years and a fine of Rs.1,00,000/-, in default, to suffer simple imprisonment for a period of four months for the offence punishable under Sec. 3 of the Dowry Prohibition Act, 1961, imposed against the revision petitioner-A-1 by the learned I-Additional Judicial Magistrate of First Class, Khammam, dtd. 28.04.2005.

(2.) Brief facts of the case are that the marriage of the revision petitioner/A-1 with P.W.1 took place on 25.06.2000. At the time of marriage, the parents of P.W.1 paid Rs.70,000/- cash, five tulas of gold towards dowry and net cash of Rs.26,000/- for purchasing scooter and after the marriage they led marital life amicably for about five months. Subsequently, the revision petitioner/A-1 along with other accused, who are the family members of the revision petitioner/A-1, started harassing P.W.1 mentally and physically and also demanding her to bring additional dowry of Rs.50,000/- and an Auto from her parents and drove her out from the matrimonial house. When the matter was placed before local elders, they advised the accused not to harass P.W.1 and then P.W.1 went to her parents ' house for delivery and gave birth to a male child on 15.04.2000. After delivery, the accused did not visit the parents ' house of P.W.1. A panchayat was held in the presence of local elders and caste elders and on their advice P.W.1 and the revision petitioner/A-1 started living in a rented house. On 26.08.2001, all the accused beat P.W.1 indiscriminately and drove her out from the house, demanding to bring additional dowry and since then P.W.1 was staying with her parents. Hence, P.W.1 lodged the complaint before the police, basing on which a case in Crime No.3 of 2002 was registered under Sec. 498-A of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act 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 3 and 4 of the Dowry Prohibition Act.

(3.) The prosecution has examined P.Ws.1 to 7 and got marked Exs.P1 and P7 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 and A-3 for the offences with which they were charged, found the revision petitioner/A-1 for the offence punishable under Sec. 3 of Dowry Prohibition Act and accordingly convicted and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,00,000/-, in default, to suffer simple imprisonment for four months. However, the revision petitioner-A1 found not guilty for the offences punishable under Sec. 498-A of I.P.C. and Sec. 4 of the Dowry Prohibition Act and he was acquitted for the said charges.