IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 895 of 2000()
1. UMESAN
... Petitioner
Vs
1. C.I. OF POLICE
... Respondent
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice A.K.BASHEER
Dated :22/01/2008
O R D E R
A.K.BASHEER, J.
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Crl.R.P.No.895 OF 2000
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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.
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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
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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
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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
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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
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A.K.BASHEER, J.
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ORDER
Dated 22nd Jan. 2008