The conviction under IPC Section 498-A for cruelty does not require evidence of dowry harassment, as demonstrated by the victim's accounts of domestic abuse and intimidation.

ORDER :

1. The Criminal Revision Case had been filed by the Appellants praying to set aside the Judgment dated 26.11.2018 passed in Criminal Appeal No. 29 of 2017 on the file of the learned Principal Sessions Judge, Namakkal confirming the judgment dated 30.05.2017 passed in C.C.No.50 of 2011 on the file of the Judicial Magistrate, Rasipuram.

2. The brief facts, which are necessary for the disposal of this Criminal Revision Case, are as follows:-

2.1. The De facto Complainant is the wife of the first Accused and daughter-in-law of the Accused Nos. 2 and 3. According to the De facto Complainant, her marriage with the first Accused was solemnised on 14.07.2008 at Orambu Perumal Temple and it was an arranged marriage. After the marriage, the De facto Complainant commenced the matrimonial life in the house of the first Accused along with his parents, Accused-2 and Accused-3. The Accused-2 is the step mother of Accused-1 and the second wife of the Accused-3. It was stated that the second Accused, for reasons unknown, did not like the De facto Complainant and therefore, she instigated the first Accused to drive the De facto Complainant out of the matrimonial home. In fact, when the De facto Complainant become pregnant, on 03.12.2008, both the Accused 1 and 2 administered some pills into the mouth of the De facto Complainant by force to abort the pregnancy, however, she vomitted and avoided the same. During the end of January 2009, for reasons best known to the Accused 1 and 2 they had driven the De facto Complainant out of the matrimonial home and when she refused, the Accused No.1 had wielded a machete and threatened to do away with her life. Subsequently, the De facto Complainant delivered a child and when she came back to the house of the Accused 1 to 3 along with the child, she was not permitted inside. On the other hand, the Accused Nos. 1 and 2 attacked her by pulling her hair, snatched her child from her hands and threw the child to the ground. The Accused-3/father of the Accused-1 also joined them in driving the De facto Complainant out of their house. The Accused-2 to 3 also claimed that they will not let the De facto Complainant to live with the Accused-1. Therefore, the De facto Complainant gave a complaint to the Inspector of Police, All Women Police Station, Rasipuram. Based on such complaint, the Inspector of Police, All Women Police Station, Rasipuram registered a case in Crime No.5 of 2010 for the offence under Sections 498-A and 506 (ii) of INDIAN PENAL CODE read with Section 4 of Dowry Prohibition Act. Ex.P-3 is the First Information Report registered against the Accused.

2.2. On receipt of the copy of Ex.P-3, The Inspector of Police, P.W-10 proceeded with investigation, examined the parents and neighbours of the De facto Complainant. After completion of the Investigation, she filed final report before the Court of the learned Judicial Magistrate, Rasipuram against the Accused 1 to 3 for the offence under Sections 498-A and 506 (ii) of IPC. In the meantime, on registration of the case, Accused-1 to Accused-3 obtained Anticipatory bail and therefore, they were not arrested.

2.3. The learned Judicial Magistrate, Rasipuram taken cognizance of the offences against the Accused for the offences punishable under Sections 498 and 506(ii) of I.P.C and taken the final report as C.C. No. 50 of 2011. Thereafter, summons were served on the Accused-1 to Accused-3. On appearance of the Accused, copies were furnished to them under Section 207 Cr.P.C. After hearing the learned Assistant Public Prosecutor attached to the Court of the learned Judicial Magistrate and the learned Counsel for the Accused, the learned Judicial