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2023 Supreme(AP) 368

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.R.K.KRUPA SAGAR, J.
Madura Trivikrama Prasad Rao – Appellant
Versus
The State Of Andhra Pradesh Rep By Pp And 4 Others – Respondent
Criminal Revision Case No.2012 of 2006
Decided on : 10-03-2023

Advocates:
Advocate Appeared:
For the Appellant : N ANULA

Headnote:

Indian Penal Code, 1860 - Section 498-A, 506 - Criminal Procedure Code, 1973 - Section 125, 313, 397, 401 - Appeal against conviction - Dowry demand - Harassment and cruelty - Held prosecution under Section 498-A IPC of a man cohabitating with a woman, even if not married in the strict sense is valid -that there was marriage between spouses and even if there was no marriage, the relationship between revision petitioner and Pw.1 is one that is enough to bring the case within the ambit of Section 498- A IPC- no reason to interfere - Criminal Revision dismissed.

ORDER:

A convict filed this criminal revision case under Section 397 and 401 of Cr.P.C. assailing his conviction and sentence imposed by both the Courts below. Respondent No.1 is the State. Respondent No.2 is the wife of revision petitioner and defacto-complainant. Though Respondent Nos.3 to 5 are shown in the cause title, it is mentioned in this revision that they are not necessary parties to this revision.

2. Facts leading to the present revision are as mentioned below:-

This revision petitioner is a practicing Advocate at Amalapuram. He is resident of Kesanakurru Village. He married Smt M.Santhi Vijaya Ratna Kumari/Respondent No.2 on 10-05-1996 at his own house and lead marital life with her for about five years, during which time the spouses were blessed with two children who were twins. It is stated that at the time of solemnization of marriage, the parents of the girl had given Rs.50,000/- in the form of cash and ten tulas of gold towards dowry to this accused.

3. Five years subsequent to this marriage the revision petitioner became an addict of alcohol and he started demanding his wife to pay him an additional dowry of Rs.1 Lakh and he started harassing her by way of burning her body with cigar butts and used to beat her and used to behave like a sadist. Conciliation efforts on the part of parents of the girl and elders did not bring any result. Finding that his wife is not fetching money he demanded, he took her and children and dropped them at the house of her parents and warned her that she would not be permitted to live with him until she fetched money he demanded. With these allegations on 03.08.2001 the married woman lodged Ex.P1 complaint before learned Magistrate who in turn forwarded the same to the jurisdiction police and thereupon Peddapuram Police Station registered Cr.No.169 of 2001 and issued Ex.P2 F.I.R. The Sub-Inspector of Police examined several witnesses and on concluding investigation laid charge sheet before learned Additional Judicial First Class Magistrate, Peddapuram who in turn took cognizance for the offences under Sections 498-A and 506 IPC and registered C.C.162 of 2002. On appearance of accused/revision petitioner copies of documents were furnished and the charges that were framed under Sections 498-A and 506 IPC were read over and explained him in Telugu and he denied the allegations and pleaded not guilty. Thereupon, prosecution was called upon to sustain its case and it did accordingly by adducing the evidence of Pws.1 to 6 and by exhibiting Exs.P1 and P2. The incriminating material available on record was offered to the accused/revision petitioner under Section 313 Cr.P.C. He denied the truth of the evidence and contended that the woman/Pw.1 was not his wife. He was invited to adduce defence evidence but he did not choose to adduce any oral or documentary evidence. The wife/victim/defacto-complainant testified as Pw.1. Her mother testified as Pw.2. A neighbour to Pw.2 testified as Pw.3 and a tenant of Pw.2 testified as Pw.4. The Head Constable who registered First Information Report testified as Pw.5. He examined the witnesses. Inspector of Police having who verified this investigation and laid charge sheet testified as Pw.6.

4. In her evidence Pw.1 stated that after leading conjugal life of five years at Kesanakurri Village the accused started harassing her by demanding additional dowry and he used to cause burns on her body by using a burning cigar and used to beat her and behave like a sadist and he was also addicted to alcohol and going to other woman. She said that she had informed the same to her mother and others. She further stated that the specific demand of accused was for Rs.1 Lakh towards additional dowry and as she failed to bring this money, he removed her and her children from matrimonial home and dropped them at the house of Pw.2/mother-in-law of accused. She said that there also he repeated his demands for additional dowry. About what she learnt from her daughter and about gi

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