IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 Crl.Rev.Pet.No. 895 of 2000 CRA.186/1997 of SESSIONS COURT, KASARAGOD CC.333/1995 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... REVN. PETITIONER/APPELLANT/ACCUSED: UMESAN, S/O KUMARAN AGED 34 MOONUNIRATHU AZHEEKODE, KANNUR BY ADV. SRI.M.RAMESH CHANDER SRI.M.VIJAYAKUMAR RESPONDENTS/RESPONDENT/COMPLAINANT/STATE: 1. CIRCLE INSPECTOR OF POLICE NEELESWARAM POLICE STATION 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERLA ERNAKULAM BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON 22/01/2008 PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.895 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of January 2008 ORDER Petitioner who has been concurrently found guilty under Section 498(A) IPC, by the trial court as well as the appellate court, has preferred this revision petition challenging the above order of conviction and sentence. 2. Trial court convicted and sentenced the petitioner under Section 498 (A) of the IPC to suffer rigorous imprisonment for one year and to pay a fine of Rs.1,000/- and in default to suffer rigorous imprisonment for three months. The appellate court had confirmed the above order of conviction and sentence and dismissed the appeal preferred by the petitioner. Hence this revision petition. 3. The prosecution case in a nut shell was that Reetha, wife of the petitioner, aged 30 years, had committed suicide by hanging in the bed room of her matrimonial home because of the persistent cruel treatment meted out to her by the petitioner she ended her life between 8.00 p.m. and 9 a.m. on January 8-9, 1995. Crl.R.P.No.895 OF 2000 :: 2 :: 4. The prosecution had examined PWs 1 to 11 and Exts.P1 to P9 were also marked on its side. There was no oral or documentary evidence on the side of the defence. The learned Magistrate, primarily relying on the evidence of PWs 3 and 5, the son of the petitioner and mother of the deceased respectively, found that the prosecution had succeeded in establishing the charge levelled against the petitioner. Accordingly, he was convicted and sentenced as mentioned earlier. 5. The short question that arises for consideration in this revision petition is whether any interference is warranted in the concurrent order of conviction and sentence. 6. It is contended by learned counsel for the petitioner that the courts below had committed serious illegality and irregularity in relying on the oral testimony of PW3 to find the petitioner guilty. It is pertinent to note that PW3, the son of the petitioner and the deceased, aged 11 years, who was studying in standard 5 in a school at Azhikkal had deposed before the court that he used to come to stay with his parents at the rented quarters at Thrikkaripur every week end. As usual he had come to join his Crl.R.P.No.895 OF 2000 :: 3 :: parents on the fateful day, January 8, 1995. The child stated before the court that his father had assaulted and beaten his mother on that evening while she was cooking food in the kitchen. His father had scolded her in abusive language. His mother had gone to the bed room from the kitchen. The accused had followed and beaten her while she was in the bed room. Thereafter, the deceased had gone inside the nearby room and closed the door from inside. Though the accused had knocked on the door for sometime, his mother refused to open the door and his father had gone inside the bed room. Seeing that his mother was scolded and beaten by the accused, his younger brother cried. Then the accused had given a piece of pineapple to his brother which he refused to accept. At that time, the accused had switched on the T.V. for his younger brother. PW3 further stated that his mother had not opened the door, even when he woke up in the morning. Though he knocked at the door, it was not opened. Then he cried aloud and informed the muslim lady who was residing near their quarters. The muslim lady called some people who were going through the road. They Crl.R.P.No.895 OF 2000 :: 4 :: opened the window and looked inside, his mother was found hanging from the ceiling. PW3 had asserted before the court that the petitioner used to beat his mother after consuming liquor and it was therefore that she had committed suicide. The specific case of PW3 was that his father had been doing this prior to his mother's death. 7. I have carefully gone through the deposition of PW3. In my view, the evidence of PW3 in this case is quite natural, credit worthy and entirely acceptable. This witness with all the innocence of a boy of such a tender age had spoken about the cruel treatment meted out by his father just prior to the death of his mother. I do not find any reason to disbelieve this young child. In my view, courts below were justified in accepting the version given by PW3 to hold that the petitioner had treated the deceased cruelly just before her death and such cruel treatment might have led her to suicide. PW5, the mother of the deceased had deposed before the court that the petitioner used to treat her daughter cruelly after consuming liquor. She had seen this on several occasions when her daughter and the petitioner had been Crl.R.P.No.895 OF 2000 :: 5 :: staying with her. The testimony of this witness also inspires confidence. In the peculiar facts and circumstances, the evidence of PW3 and 5 would clinch the issue in favour of the prosecution. The courts below had rightly accepted the testimonies of these two witnesses and found the petitioner guilty under Section 498A IPC. There is no illegality or irregularity in the concurrent finding. There is no merit in any of the contentions raised by the petitioner. Revision petition fails and it is accordingly dismissed. (A.K.BASHEER, JUDGE) jes Crl.R.P.No.895 OF 2000 :: 6 :: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.895 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - ORDER Dated 22nd Jan. 2008