Credibility of witness testimony and evidence is crucial in determining the outcome of a criminal case.

JUDGMENT

(PRAYER : Criminal Revision petition filed under Sections 397 r/w.401 Cr.P.C. praying to set aside the judgment dated 10.09.2014 made in C.A.No.01 of 2014 on the file of the Principal Sessions Judge, Puducherry, which was conforming the judgment dated 27.11.2013 made in C.C.No.200 of 2010 on the file of the Chief Judicial Magistrate, Puducherry and acquit the petitioner by allowing this revision.)

1. The petitioner/Accused No.1 in C.C.No.200/2010, who was convicted by the trial Court for the offence under Section 498-A and sentenced to undergo 6 months Rigorous Imprisonment and pay a fine of Rs.1,000/- and for the offence under Section 4 of Dowry Prohibition Act, sentenced to undergo six months Rigorous Imprisonment, by judgment dated 27.11.2013. The sentences are directed to run concurrently. Aggrieved against the same, the petitioner preferred an appeal before the learned Principal Sessions Judge, Puducherry in Crl.A.No.1 of 2014. The Lower Appellate Court dismissed the appeal confirming the conviction and sentence passed by the trial Court, against which, the present revision.

2. The gist of the case is that the de-facto complainant/P.W.1 married the petitioner on 16.06.2010. It was an arranged marriage. After 8 days of marriage, her father passed away and she went to her parents house for some time. Thereafter, the petitioner and the de-facto complainant lived as husband and wife only for a period of 45 days. During that period, she came to know that the petitioner and his mother were addicted to Alcohol and further the petitioner was having illicit relationship with one Vijaya. He used to come home on late hours, due to which, there was constant quarrel. The petitioner used to scold her using filthy languages and demanded a sum of Rs.5 lakhs as dowry. The petitioner to sever his relationship with the said Vijaya, he had to pay a sum of Rs.2 lakhs, for which, an agreement/Ex.P3 between the petitioner and the said Vijaya entered. A sum of Rs.25,000/- was paid and for balance Rs.1.75 lakhs, the petitioner demanded and forced the de-facto complainant to get the money from her mother and thereby, she was thrown out of the matrimonial home. The marriage gift, Sridhana articles were pledged and sold by the petitioner. The de-facto complainant along with her mother and relatives came and questioned the petitioner for his activities, at that time, the petitioner's mother assaulted them and demanded more money, hence, a complaint lodged before the All Women Police Station, Villianur. The petitioner was summoned by the Police, there a compromise arrived and the petitioner agreed to live with the de-facto complainant and not to assault her. Contrary to the undertaking, the petitioner and his mother continued harassment. On one occasion, the petitioner using a pillow smothered the de-facto complainant, thereby causing asphyxia. They also attempted to pour kerosene and set her on fire. The demand for dowry and additional jewels were made on 12.09.2010 and the petitioner was continuing his relationship with the said Vijaya. Hence, a complaint was lodged on 05.10.2010 to P.W.8-Sub Inspector of Police, who registered the F.I.R./Ex.P4 and conducted initial investigation. Thereafter, P.W.7-Inspector of Police, took up further investigation, after conclusion of investigation, filed charge sheet before the concerned Court.

3. During trial, P.W.1 to P.W.8 examined and Exs.P1 to P4 marked. On the side of the defence, the petitioner examined himself as D.W.1 and marked Exs.D1 to D4. On conclusion of trial, petitioner's mother acquitted but the petitioner was convicted as stated above.

4. The contention of the learned counsel for the petitioner is that P.W.1/de-facto complainant is his erstwhile wife. Her mother is P.W.2., P.W.3 is the cousin of P.W.1. P.W.4 is cousin brother of P.W.1, who is an Advocate Clerk. P.W.5 is also the cousin brother of P.W.1 and P.W.6 is the villager. P.W.7 is the investigating officer in this case. P.W.8 is the Su