The facts leading to filing of this Criminal Revision Petition and necessary disposal are as follows:The petitioner/ Accused had married the defacto complainant , Krishneveni, PW 1 on 27.04.2001 at Chennai.After three days, he left to USA and thereafter the defacto complainant had also joined the petitioner/ accused on 23.06.2001 at USA.She lived there with great difficulty for four months and she left from USA and came to Chennai.In the mean time, at USA, the petitioner/accused had filed an application for divorce.The defacto complainant had returned to India and also approached the Sub Court, Poonamallee, seeking restitution of conjugal rights.Then, she had filed the complaint, Ex.P.1 against the petitioner/Accused and his family members A2 to A6 for dowry harassment and cruelty inflicted upon her.On the basis of Ex.P.1, the petitioner/accused along with other accused were charge sheeted for the offence under Sections 498(A) of IPC and Section 4 of Dowry Prohibition Act.b) The case was taken on file in C.C.No. 1003 of 2004 by the Judicialhttp://www.judis.nic.in 3 Magistrate, Alandur and necessary charges were framed.The accused had denied the charges and sought for trial.In order to bring home the charges against the accused, the prosecution examined PW.1 to PW 6 and also marked Exhibits.c) On completion of the evidence on the side of the prosecution the accused were questioned under Section 313 of Cr.P.C as to the incriminating circumstances found in the evidence of prosecution witnesses and the accused have come with the version of total denial and stated that they have been falsely implicated in this case.During the trial A2 died and hence the charges levelled against him stood abated.d) The trial Court after hearing the arguments advanced on either side and also looking into the materials available on record, acquitted A1 to A6 from the charges levelled under Section 4 of Dowry Prohibition Act, while acquitting A3 to A6 for the offence under Section 498(A) of IPC found the petitioner/ A1 alone guilty for the offence under Section 498(A) of IPC and convicted and sentenced him to undergo one year Rigorous Imprisonment.Against the order of acquittal of the other accused in C.C.No.1003 of 2004 dated 10.02.2005 the second respondent filed Crl.R.C.No. 742 of 2005 and Crl.However against the order of acquittal of the petitioner in C.A.No. 31 of 2005, the second respondent filed Crl.R.C.No.442 of 2014 and set aside the order of acquittal by order dated 10.02.2014 and remitted the matter back to the Principal Sessions Court, Chengalapattu.The petitioner had filed a petition to recall the exparte order in Crl.R.C.No.442 of 2014 and it was dismissed by this Court on 29.09.2014 against which the petitioner had file Special Leave Application (Crl.) in Crl.M.P.No.21952 of 2014 before the Honourable Supreme Court.The Apex Court dismissed the same by order dated 17.11.2014 however held that the Appellate Court shall not weigh with the observation made by the High Court in Crl.After remand the appeal was heard afresh and in and by the impugned judgment of the lower appellate Court, the judgment and conviction of sentence of the trial Court was confirmed.The learned counsel for the petitioner would contend that the trial Court having acquitted the petitioner and the other accused for offence under Section 4 of DP Act and having acquitted the other accused for offence under Section 498(A) of IPC erred in convicting the petitioner alone for the offence under Section 498(A) of IPC on the same set of evidence.The trial Court erred in convicting the petitioner when no ingredients of offence under Section 498(A) of IPC has been made out against the petitioner.The trial court disbelieved the case of prosecution in respect of incidents regarding demand of dowry and cruelty in India.However, trial Courthttp://www.judis.nic.in 5 taking into consideration the allegations regarding the incidents that happened in USA found the petitioner guilty for offence under Section 498(A) of IPC.The allegations made in respect of the incidents that happened in USA do not made out a case for offence under Section 498(A) of IPC.The finding of both Courts below suffers from the legality and perversity and the judgment of conviction and sentence have to be set aside.The learned Additional Public Prosecutor would submit that even beforehttp://www.judis.nic.in 6 marriage there was a demand of dowry and at the time of marriage 150 sovereigns of jewels and Rs.2 lakhs was paid in cash and thereafter they wife/defacto complainant went to USA.During her stay in USA, the petitioner had issued a legal notice for divorce and had filed the petition for divorce and thereby committed cruelty.5.The learned counsel for the second respondent/defacto complainant would submit that there was a demand of dowry by the parents of the petitioner and Rs.1lakh was paid to the parents of the petitioner and subsequently there was a demand of Rs. 5 lakhs and after going to USA the petitioner had committed cruelty on the defacto complainant/wife had sent her legal notice and also by filing the petition for divorce.During the stay of the defacto complainant at USA the petitioner had pushed her from the cot and caused harassment and cruelty on her.Per contra the learned counsel for the petitioner would submit that the trial court had disbelieved the evidence with regard to the receipt of Rs.1 lakh and further demand of Rs. 5 lakhs during the defacto complainant's stay at India and had categorically held that the prosecution has not proved the allegations of demand of Rs.5 lakhs and had acquitted the petitioner and other accused for the offence under Section 4 of Dowry Prohibition Act. The trial Court had erred in finding that by sending the legal notice at USA the petitioner had committed cruelty on the defacto complainant.He would further submit that at no stretch of imagination the conduct of sending a legal notice and filing a petition for divorce at USA can be held to behttp://www.judis.nic.in 7 an act of Cruelty within the meaning of Section 498(A) of IPC.The trial Court after analyzing the entire evidence had taken into consideration the contradiction between the witnesses and found that the prosecution has not proved the case with cogent evidence and had disbelieved the case of prosecution with regard to receipt of Rs.1lakh and demand of Rs.5 lakh by the accused and acquitted all the accused for offence under Section 4 of D.P.Act.However, the trial court had rendered a finding that the petitioner by sending legal notice at USA and having initiated the proceedings against the defacto complainant for divorce at USA had committed cruelty and convicted him for offence under Section 498(A) alone.

Sections cited: Section 498 in The Indian Penal Code, Section 498A in The Indian Penal Code