ON BEING MENTIONED HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No. 153 of 2001 JUDGMENT: On the basis of a complaint given by P.W.1, 1st respondent herein, a case in Crime No.188 of 1991 was registered by the S.I. of Police, II Town P.S., Karimnagar, against the petitioners and three others, for the offence punishable under Section 498-A IPC. However, after investigation, the police referred it as a false case, and thus, submitted a final report. In the light of the same, P.W.1 filed a private complaint before the Additional Judicial Magistrate of First Class, Karimnagar, and the same was numbered as C.C.No.1728 of 1992. Thereafter, the matter was transferred to the Judicial Magistrate of First Class, Special Mobile, Karimnagar as C.C.No.312 of 1995. As there was no incriminating material against accused Nos.4 and 5, they were discharged. Petitioners and another, who are A.1 to A.3 respectively, were tried for the charges for the offences punishable under Section 498-A IPC and Section 4 of the Dowry Prohibition Act. The trial court, having considered the oral and documentary evidence, came to the conclusion that A.3, who is mother-in-law of P.W.1 is found not guilty of the said offences, and accordingly acquitted her, but in so far as the petitioners herein i.e. husband and father-in-law of P.W.1, are concerned, it found them guilty of the offence punishable under Section 498-A IPC, and accordingly, sentenced them to suffer rigorous imprisonment for a period of three years each and to pay a fine of Rs.2,000/- each and in default of payment of the fine amount, to suffer simple imprisonment for a period of six months each, by judgment dated 21.09.1998. As against the said judgment, the petitioners-A.1 and A.2, preferred Crl.A.No.102 of 1998 on the file of the Sessions Judge at Karimnagar, who partly allowed the said appeal by reducing the sentence of three years rigorous imprisonment to one year rigorous imprisonment, while confirming the fine imposed by the court below, by judgment dated 31.01.2001. Being aggrieved by the same, the petitioners preferred the present revision. 2. The case of the prosecution, in nutshell, is that P.W.1 is the legally wedded wife of A.1, A.2 and A.3 are the parents-in- law of P.W.1 and P.W.4 is the daughter and P.W.5 is the son-in- law of A.2 and A.3. The marriage of P.W.1 with A.1 was performed on 13.05.1985 at the house of P.W.1. At the time of marriage, a sum of Rs.20,000/- as dowry and gold and silver ornaments worth Rs.75,000/- were given to the accused. A.1 and P.W.1 lived together for five years, but not amicably. Thereafter, at the instigation of A.2 and A.3, A.1 used to demand P.W.1 to bring additional dowry. When the parents of P.W.1 failed to satisfy his demand, A.1 used to beat P.W.1 mercilessly, ill-treat and harass her. The process of ill-treatment and cruelty continued for 6 or 7 years. During the wedlock of A.1 and P.W.1, they had a son by name Naveen. A.2 and A.3 also inculcated bad thoughts to A.1 regarding the fidelity of P.W.1. A.1 took up a rented house and lived there for 15 days, and during that period also, he beat P.W.1 and caused serious injuries on her person. A.1 tried to kill P.W.1 by pouring kerosene on her, as her parents failed to fulfill his demand for additional dowry. Unable to bear the ill-treatment and harassment by A.1 to A.3, P.W.1 filed a private complaint before the Additional Judicial Magistrate of First Class, Karimnagar, and the same was numbered as C.C.No.1728 of 1992. The plea of the accused was of total denial. 3. During the course of trial court, on behalf of the prosecution P.Ws.1 to 4 were examined and Exs.P.1 and P.2 were marked. On behalf of the defence, D.Ws. 1 and 2 were examined and Exs.D.1 to D.3 were marked. 4. Heard both sides. 5. From a perusal of the judgments impugned in this revision, this Court is of the view that the courts below have rightly assessed that the petitioners are guilty of the charge for the offence punishable under Section 498-A IPC. However, having regard to the fact that P.W.1 filed a petition in O.P.No.14 of 1995 before the Senior Civil Judge, Karimnagar, against A.1 for divorce and the same is pending and a panchayat held before the elders and in that panchayat, the accused agreed to pay Rs.90,000/- and out of the said amount Rs.50,000/- has to be deposited in the name of son of A.1 and P.W.1 and Rs.40,000/- has to be deposited in the name of elders, and relying on the evidence of an independent witness P.W.4, the lower appellate court, taking a lenient view, has already reduced the sentence of three years rigorous imprisonment imposed against the petitioners by the trial court to one year rigorous imprisonment. In the light of the same, this Court finds no grounds to interfere with the judgment passed by the lower appellant court. 6. At this juncture, the learned counsel for the petitioners submitted that the petitioners were in jail for a period of 30 days during pendency of the crime and after disposal of the appeal filed by them and the offence took place in the year 1991. Therefore, he prays to take a lenient view in the matter. 7. Having considered the submission of the learned counsel for the petitioners, this Court is of the view that the sentence of one year rigorous imprisonment as reduced by the lower appellate court can be reduced to that of the period already undergone by the petitioners. 8. In the result, the criminal revision case is dismissed. The sentence of rigorous imprisonment for one year, which was reduced by the lower appellate from three years, is reduced to that of the period already undergone by the petitioners. ______________________ GOPALA KRISHNA TAMADA 22nd March, 2010 Note: The Registry is directed to communicate the fresh order in the criminal revision case. (b/o) cbs ON BEING MENTIONED HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No. 153 of 2001 (Dismissed) Date:22-03-2010 Note: The Registry is directed to communicate the fresh order in the criminal revision case. (b/o) cbs