(1) This revision case is directed against the judgment dated 11. 2. 2004, passed in Criminal Appeal No. 475 of 2001 by the VI Additional Sessions Judge (Fast track Court), Guntur, where under and whereby the conviction and sentence imposed against the petitioner for the offence punishable under Section 498-A IPC was confirmed, however, the petitioner was acquitted for the offence punishable under Section 307 IPC.

(2) For the sake of convenience, the parties are hereinafter referred to as they are arrayed in the trial Court.

The brief facts of the case are as follows: The accused is the husband of pw1. They were married in the year 1985 and set up their family at Veerlapalem, guntur District. The case of PW1 is that they lived happily till they were blessed with a son and subsequently the accused started ill-treating her and assaulted her physically. At the time of their marriage, her parents gave Rs. 35,000/- to the accused towards dowry. However, the accused was demanding to secure more money from her parents. Due to the continuous harassment, she was compelled to lodge a police complaint in the year 1987, based on which a case in Crime No. 36 of 1987, under section 498-A IPC, was registered and the same was numbered as CC No. 129 of 1987. However, subsequently, the parties compromised the matter and consequently pw1 had withdrawn her complaint. Then pw1 joined the accused and they were blessed with female child in the year 1992. The further case of PW1 is that again the accused started harassing her demanding more dowry from her parents and she was compelled to leave the house of the accused and started residing with her parents. There was exchange of legal notices. However, again on the intervention of the elders, the matter was compromised and PW1 joined the accused. It is also her case that the accused was addicted to vices and again the accused started harassing her. Her further case is that on 18. 8. 2000, when the accused started abusing her, she went into the cattle shed and the accused came behind her holding a crow bar and tried to stab her, however, she escaped. On the same day evening at about 5. 00 p. m. , the accused poured kerosene on her and tried to lit match stick, then she ran into the house and bolted the door from inside and remained in the house throughout the night without opening the door. The accused did not return to the house during night time and on the next day morning again the accused assaulted her and driven her out from the house. Then she returned to her parents house and gave a report ex. P1 to the police on 20. 8. 2000, based on which the police registered the case in crime No. 111 of 2000 under Section 498-A IPC.

(3) The learned Magistrate had taken the cognizance for the offences punishable under Sections 498-A and 307 IPC, and after furnishing the copies of documents to the accused, he committed the case to the Court of Session. Charges under sections 498-A and 307 of the Indian Penal code were framed against the accused and the accused pleaded not guilty and claimed to be tried.

(4) On behalf of the prosecution, besides PW1, PWs. 2 to 4 were examined and Exs. P1 to P4 were marked during trial. The accused denied all the incriminating circumstances appearing in the evidence against him when he was examined under Section 313 of the Code of Criminal procedure and no defence evidence was produced on his behalf.

The learned Additional Assistant sessions Judge, FAC of Principal Assistant sessions Judge, Tenali, by judgment dated 24. 9. 2001, in S. C. No. 1043 of 2000, convicted the accused for the offence punishable under Section 498-A IPC and sentenced to suffer Rigorous Imprisonment for a period of two years and to pay a fine of Rs. 500/-in default to suffer simple imprisonment for one more month. The accused was also convicted for the offence punishable under Section 307 IPC and sentenced to suffer Rigorous Imprisonment for a period of five years and also to pay a fine of Rs. 1000