PURUSHOTHAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are the accused 1 to 3 in C.C.No.162/1998 on the file of the Judicial First Class Magistrate Court, Kunnamangalam and the appellants in Crl.Appeal No.445/2005 on the file of the Court of Session, Kozhikode Division. The offence alleged against the accused is under Section 498A read with Section 34 of the Indian Penal Code (hereinafter referred to as 'the IPC ').

(2.) The prosecution case in brief is that the accused being the brother and parents of CW2 Mukundan who is the husband of PW1 subjected her to cruelty demanding more ornaments and money. PW1 complained that the accused 1 to 3 did not permit her to cohabit with her husband while she was residing along with the accused 1 to 3 at her matrimonial house. She was referred to the mediation by PW5 and others and accordingly she was taken to the matrimonial home on 15.4.1996. Thereafter, the accused 1 to 3 in furtherance of their common intention physically and mentally harassed her by demanding more money and property from her.

(3.) On the appearance of the accused, the learned Magistrate framed charge against the accused under Section 498A read with Section 34 of the IPC. The charge was read over to which the accused pleaded not guilty.