IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY, THE 25TH DAY OF MAY 2018 / 4TH JYAISHTA, 1940
Crl.Rev.Pet.No. 155 of 2006
AGAINST THE JUDGMENT IN CRA 17/2003 of ADDL.SESSIONS COURT
(ADHOC)-II, PATHANAMTHITTA
AGAINST THE JUDGMENT IN CC 364/2000 of C.J.M COURT, PATHANAMTHITTA
REVISION PETITIONER(S)/APPELLANT/ACCUSED:
RAVEENDRAN, S/O. CHANDRASEKHARAN NAIR,
THEKKADETH KIZHAKETHIL VEEDU, PANGAD,, KULANADA
VILLAGE, KOZHENCHERRY TALUK,, PATHANAMTHITTA DISTRICT.
BY ADV.SRI.C.B.SREEKUMAR
RESPONDENT(S)/COMPLAINANT STATE::
1. STATE OF KERALA REPRESENTED BY
THE SUB INSPECTOR OF POLICE,, PATHANAMTHITTA.
2. THE STATE OF KERALA REPRESENTED BY
PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SMT.SREEJA.V.
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
25-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.UBAID, J.
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Crl.R.P No.155 of 2006
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Dated this the 25th May, 2018
ORDER
The revision petitioner herein challenges the
conviction and sentence against him under Sections 323
and 498A I.P.C in C.C 364 of the Judicial First Class
Magistrate Court, Pathanamthitta. His legally wedded wife
is the de facto complainant in this case. She filed a
complaint in court alleging matrimonial cruelty that she
had been mentally and physically harassed by her
husband. She was married by him on 13.5.1999 and she
was driven out from the matrimonial home on 12.6.2000.
The complaint was forwarded to the Police for investigation
under Section 156 (3) Cr.P.C. After investigation, the Police
submitted final report in court.
2. The accused appeared before the learned
Magistrate and pleaded not guilty to the charge framed
against him. The prosecution examined eight witnesses in
the trial court and proved Exts.P1 to P5 documents. The
accused denied the incriminating circumstances when
examined under Section 313 Cr.P.C. He did not adduce
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2
any evidence in defence.
3. On an appreciation of the evidence, the trial
court found the accused guilty under Sections 323 and 498A
I.P.C. On conviction, he was sentenced to undergo simple
imprisonment for six months and to pay a fine of b925,000/-
under Section 498A I.P.C by judgment dated 21.12.2002. No
separate sentence was imposed under Section 323 I.P.C.
Aggrieved by the judgment of conviction, the accused
approached the Court of Session, Pathanamthitta with Crl.A
No.17/2003. In appeal, the learned Additional Sessions
Judge (Adhoc-II) confirmed the conviction and sentence and
accordingly dismissed the appeal. Now the accused is
before this Court in revision challenging the legality and
propriety of the conviction and sentence.
4. On a perusal of the entire materials, I find that
there is no legal evidence in this case to prove the
essentials of the offence under Section 498A I.P.C, and that
the accused was wrongly convicted by the courts below.
The case of the complainant in the Ext.P1 complaint is that
a few months after the marriage, her husband went to Goa
Crl.R.P No.155 of 2006
3
for employment and till then she had been mentally and
physically harassed by her husband. After returning from
Goa, he continued his cruel habits demanding for more
dowry and ornaments, and such a demand was made on
11.6.2000. She was also assaulted by him on that day. As
informed by her, her father came on the next day and
talked to the husband. When the husband repeated the
demand and assaulted her, it was resisted by the father. On
the same day, she was driven out from the matrimonial
home.
5. PW1 is the de facto complainant, PW2 is her
father and PW3 is a neighbour. On an examination of the
evidence given by PW2, I find that his evidence is practically
regarding an instance of assault on 12.6.2000. The
evidence of PW3 is that he had seen the accused beating
his wife at the house of PW2. According to the complainant
and her father, the alleged assault was on 12.6.2000, but
the case of PW3 is that he saw the assault in December.
This means that PW3 has no idea as to what exactly is the
dispute between PW1 and her husband, and his evidence
Crl.R.P No.155 of 2006
4
that he had seen the accused beating his wife must be
false.
6. The evidence given by PW2 is that on getting
information from his daughter, he went to the husband’s
house on 12.6.2000, and talked about the demand made by
the husband. During the wordy altercation, the husband
assaulted his daughter, and in such a circumstance, she
was brought home by him. When he says that he took his
daughter to the house when assaulted by the husband, the
complaint in Ext.P1 is that she was driven out from the
matrimonial home. Anyway, PW2 has no case regarding
any instance of cruelty prior to June, 2006. Practically, his
evidence is only regarding a single instance of assault on
12.6.2000. This will not be sufficient for a prosecution
under Section 498A I.P.C.
7. The case of PW1 in evidence is that she had
been physically and mentally harassed by her husband till
he went to Goa for employment. When cross-examined,
she stated that her husband went to Goa after six months
from the date of marriage, and till then, everything was
Crl.R.P No.155 of 2006
5
alright. Her cross-examination shows that the husband
started demanding dowry and ornaments after he returned
from Goa, and on 12.6.2000, she was beaten by him. Thus,
practically what is revealed by the cross-examination of
PW1 is that her complaint is only regarding a single instance
of assault on 12.6.2000, as her father would also say, and
that till the husband went to Goa for employment, the
relationship was quite alright. Thus, the evidence given by
PW1 in cross-examination is contradictory to the versions in
the complaint. Her statements in cross-examination would
reveal that till the husband went to Goa, the matrimony was
quite smooth, peaceful and happy, and trouble started when
he came back. After he returned from Goa, what happened
is only an instance of assault on 12.6.2000.
8. For a prosecution under Section 498A I.P.C, there
must be evidence to prove mental or physical harassment
by a course of cruel conduct. Ordinary wear and tear in
matrimony, or ordinary discord in matrimony, or isolated
instances of assault or dispute once or twice, will not be
sufficient for a prosecution under Section 498A I.P.C. In this
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6
case, I do not find any satisfactory and convincing
evidence to prove mental or physical harassment by a
course of cruel conduct as defined and meant under Section
498A I.P.C. Just because there occurred a quarrel between
the complainant and the accused on 12.6.2000, or just
because he assaulted her on that day in connection with
some dispute between them or with the father, the
husband cannot be convicted under Section 498A I.P.C.
In the result, this revision petition is allowed. The
revision petitioner is found not guilty of the offences alleged
against him under Sections 498A and 323 I.P.C and he is
acquitted of the said offences in revision. Accordingly, the
conviction and sentence against him in C.C 364/2000 of the
court below, and confirmed in appeal, will stand set aside,
and the revision petitioner will stand released from
prosecution.
Sd/-
P.UBAID
JUDGE
ma /True copy/ P.S to Judge