ORDER :

1. This Criminal Revision Case is filed by the defacto-complainant pertaining to C.C. No. 11 of 2002, on the file of Judicial Magistrate of First Class, Palakonda, challenging the judgment in Criminal Appeal No. 27 of 2006, on the file of II Additional District and Sessions Judge (Fast Track Court), Srikakulam (“Additional Sessions Judge” for short) where under the learned Additional Sessions Judge set aside the conviction and sentence imposed against the first respondent/A.1 in the above said Calendar Case under Section 498-A of the Indian Penal Code (“I.P.C.” for short) and Section 4 of Dowry Prohibition Act (“D.P. Act” for short) as such acquitted him of the charges.

2. The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court for the sake of the convenience.

3. The case of the prosecution, in brief, before the Court below according to the charge sheet filed, is that the marriage in between Majji Parvathamma (PW-1) and A.1 took place on 19.03.2001 in Sri Suryanarayana Swamy Temple at Arasavalli as per their caste customs and Hindu rites. At the time of marriage, parents of PW-1 gave cash of Rs.10,000/- a gold ring weighing half tula, bridal articles worth of Rs.40,000/- to the accused apart from land in an extent of Ac.1-20 cents and five tulas of gold to PW-1. PW-1 and A.1 lead their conjugal life peacefully and happily for one year. During their wedlock they were blessed with a daughter. One year thereafter, at the instigation and connivance of A.2 to A.6, A.1 demanded PW-1 for additional dowry of Rs.20,000/-. The parents of PW-1 expressed their inability to do so. Hence, all the accused bore grudge against PW-1 and started harassing and ill-treating her by abusing and beating her daily. They did not provide any food for her and milk to her daughter. Therefore, on 22.12.2001 PW-1 presented a report in Palakonda Police Station against all the accused. The above said report was enquired in Family Counseling Center, Palakonda. During the enquiry, all the accused gave an undertaking to look after PW-1 and her daughter properly in future and took PW-1 and her daughter to their house at Kondapuram village. After one month, all the accused again started harassing and ill-treating PW-1 with demanding her to bring additional dowry of Rs.20,000/-. When the parents of PW-1 expressed their inability, all the accused beat PW-1 with hands indiscriminately all over the body and necked out her. Hence, the charge-sheet.

4. The learned Judicial Magistrate of First Class, Palakonda, took cognizance on file under Section 498-A of I.P.C. and Section 4 of the D.P. Act against all the accused. After compliance of procedure contemplated under Section 207 of Cr.P.C. the accused were examined under Section 239 of Cr.P.C. and they denied the allegations and then the charges under Section 498-A of I.P.C. and Section 4 of the D.P. Act, were framed and explained to them in Telugu, for which they pleaded not guilty and claimed to be tried.

5. The prosecution, in order to establish the guilt against the accused, examined PW-1 to PW-6 and got marked Ex.P.1 to P.3. After the evidence of prosecution was closed, accused were examined under Section 313 of Cr.P.C. for which they denied the incriminating circumstances in the evidence and reported no defence evidence.

6. The learned Judicial Magistrate of First Class, Palakonda, on hearing both sides and on considering the evidence on record, found A.2 to A.6 not guilty of the charges under Section 498-A of I.P.C. and Section 4 of D.P. Act and acquitted them under Section 248(1) of Cr.P.C. The learned Magistrate found A.1 guilty of the charges under Section 498-A of I.P.C. and Section 4 of the D.P. Act and convicted him under Section 248(2) of Cr.P.C. After questioning A.1 about the quantum of sentence, the Court below sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs.500/- in default to suffer simple imprisonment for one m