Velkondasamy/A1 got married to the defacto complainant, namely Kanagaselvi on 11.11.2002 and through their wedlock, they had a son.Their marital life ran into rough weather resulting in her getting estranged.Facts leading to the filing of this Criminal Revision Petition briefly narrated are as follows:A1 was arrested by the police on 06.09.2007 and remanded to custody.During the course of trial, A2/Chinnammal died.The Trial Court framed charges under Sections 498(A), 323 and 506(ii) I.P.C. and Section 4 of the Dowry Prohibition Act against the accused.When questioned, the accused pleaded not guilty.The prosecution, in order to sustain its case, examined 9 witnesses and marked 6 exhibits.When the accused were questioned under Section 313 CrPC about the incriminating evidence against them, they denied the same.Neither any witness was examined on behalf of the accused nor any document was marked.After hearing either side and considering the evidence on record, the Trial Court, vide judgment dated 07.04.2011 in C.C.No.553 of 2007, acquitted A4/Dharmalingam, but convicted and sentenced Velkondasamy/A1 and Kaladevi/A3 as follows:Name and Conviction for the Sentence awarded by the Rank of the offence under Trial Court Accused Section Velkondasamy/ 498(A) I.P.C. 6 months Rigorous A1 Imprisonment with a fine of Rs.500/- in default to 3 months Rigorous Imprisonment.323 I.P.C. Fine of Rs.500/- in default tohttp://www.judis.nic.in undergo 1 month Rigorous 4 Imprisonment.The sentenced were ordered to run concurrently.The Trial Court granted set off to A1 under Section 428 CrPC.Challenging the conviction and sentence, Velkondasamy/A1 and Kaladevi/A3 filed C.A.No.89 of 2011 on the file of the Sessions Court, Coimbatore.Challenging the conviction and sentence, Velkondasamy/A1 is before this Court.Per contra, Ms.Krithika Kamal, learned Government Advocate (Crl. Side) and Mr.Ponraj, learned counsel for the defacto complainant/Kanagaselvi/PW1 refuted the contentions.The defence was not able to make any serious dent in the cross examination in the testimony of this witness.The evidence of PW1 was corroborated by the evidence of PW2/Balasubramaniam and PW3/Thangavel.PW3 has stated about the injury sustained by PW1 and medical treatement given to her.The prosecution has also examined the Doctor - PW8/Dr.Arunadevi and marked Ex.The Trial Court and the Lower Appellate Court have appreciated the evidence in right perspective and there is no infirmity in the findings of the Courts below warranting interference by this Court under Section 397 CrPC.Hence, the conviction awarded by the learned Additional District and Sessions Court, F.T.C. No.1, Coimbatore, vide judgment dated 13.06.2011 in C.A.No.89 of 2011 stands confirmed.However, as regards sentence, the learned counsel for the petitioner/A1 submitted that the petitioner has been maintaining his wife/PW1 and son for the last 5 years and that his wife is suffering from kidney failure and that if he has to undergo imprisonment, he may not be able to take care of his wife, who is at a very critical state.PW1 told this Court that the accused/A1/husband is taking care of her now and that they have also reconciled their differences.A1/Velkondasamy was also present before this Court on 23.01.2019 and also filed an affidavit dated 23.01.2019, wherein in paragraph Nos.4 and 5, he has stated as follows:I submit that I give solemn undertaking that I would clear the arrears of the past maintenance of Rs.1,83,000/- within a period of 4 weeks from today.I, further, undertake that I would not commit default inhttp://www.judis.nic.in 8 payment of monthly arrears to the 2nd respondent herein and our son Master, Vidhya Bharathi.I also assure this Hon'ble Court that I shall pay for the academic pursuit of my son Master.Vidhya Bharathi in future.I am ready paying for his school fees and other necessities since his seventh standard for the past six years and I shall continue to do so.I am maintaining cordial relation with my son.I am also meeting the medical expenses for the 2nd respondent who is undergoing treatement for chronic kidney disease.I shall continue to meet out her medical expenses.I humbly pray that this my solemn undertaking may be taken on record and pass suitable direction and thus render justice."Today, learned counsel for the petitioner/A1 and the learned counsel for Kanagaselvi/PW1 have submitted that A1 has paid Rs.1,83,000/-, being arrears of maintenance to PW1 and the original receipt issued by her was produced.A1 also agreed that he would continue to pay the maintenance amount of Rs.5,200/- p.m. and also the enhanced maintenance amount, if any ordered by the concerned Court, will be paid by him.In view of this development, this Court is of the view that in the interest of justice, the sentence of imprisonment imposed on A1 is reduced to the period already undergone by him as under trial prisoner.With the above modification of sentence, this Criminal Revision Petition is partly allowed.4.The Public Prosecutor, High Court, Madras Note: Free copy to Kanagaselvi to be send through Inspector of Police,http://www.judis.nic.inAWPS, Negamam P.S. Cr.No.308/2007, Palladam. 10P.N. PRAKASH, J.Jvm Crl.No.1024 of 2011 07.06.2019http://www.judis.nic.in

Cited provisions: Section 498 in The Indian Penal Code; Section 506 in The Indian Penal Code; Section 323 in The Indian Penal Code; Section 397 in The Indian Penal Code