THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.800 of 2004 JUDGMENT: On the basis of a report given by the de facto complainant, who was examined as P.W-1, the Sub- Inspector of Police, Suryapet Town Police Station, registered a case and after investigation, filed a charge sheet against the petitioner herein, who is arrayed as A-1, his mother and three others for the alleged offence punishable under Section 498-A IPC and the learned Judicial First Class Magistrate, Suryapet has taken the same on file as C.C.No.317 of 1999. During the course of trial, on behalf of the prosecution, the de facto complainant was examined as P.W.1 and four more witnesses i.e., P.Ws.2 to 5 were examined and Exs.P-1 and P-2 were marked. On behalf of the accused, none was examined nor any document was marked. The learned Magistrate having analysed the entire evidence on record, came to the conclusion that A-2 to A-5 are not guilty of the said offence and accordingly acquitted them, but, however, found the petitioner herein (A-1), who is none other than the husband of P.W-1, guilty of the said offence and accordingly, sentenced him to suffer simple imprisonment for a period of one year and to pay a fine of Rs.500/-, in default, to suffer simple imprisonment for a period of one month. The said judgment, dated 13.05.2002, was questioned by the petitioner herein-A-1 by filing Criminal Appeal No.125 of 2002 on the file of the III Additional Sessions Judge, (Fast Track Court), Nalgonda, who by his judgment, dated 31.03.2004, while concurring with the findings recorded by the trial Court, dismissed the appeal, confirming the judgment rendered by the trial Court. Hence, the present Criminal Revision Case. The brief facts of the case are that the de facto complainant is the wife of A-1, and A-2 to A-5 are related to A-1; that at the time of their marriage, some gold ornaments, cash, etc., were given as dowry to A-1; that after marriage, the accused not being satisfied with the said dowry, started harassing the de facto complainant mentally and physically demanding her to bring additional dowry and driven her out of the house; that subsequently, on two occasions, the father of the de facto complainant paid Rs.8,000/- and Rs.10,000/- to the accused; but, again the accused demanded Rs.10,000/- and when she expressed her inability to bring the same, beat her severely. Later, when the father of the de facto complainant went to Hyderabad to invite her and her husband for Bakrid festival, the accused did not allow her to go to her parents house and demanded Rs.10,000/-; that even in the panchayat convened by the caste elders, the accused demanded Rs.10,000/- and thus, the accused committed the offence punishable under Section 498-A IPC. When the matter is taken up for hearing, learned counsel for the petitioner fairly conceded that it is not a fit case for interference, but, however, submitted that the petitioner was in jail for a period of about one month and requested this Court to take a lenient view and acquit the petitioner. Heard learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent- State. Having heard the submissions of the learned counsel for the petitioner, this Court looked into the record. The appeal was dismissed on 31.03.2004 and this Revision was admitted and bail was granted to the petitioner on 26.04.2004. From the above, it is clear that the petitioner was in jail from 31.03.2004 to 26.04.2004 i.e., for a period of about 27 days. In those circumstances, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of simple imprisonment of one year imposed on the petitioner for the offence punishable under Section 498-A IPC by both the Courts below is reduced to that of the period already undergone by him, while maintaining the sentence of fine Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 20th January 2011 DR