CHELLADURAI Vs. STATE

JUDGEMENT

(1.) The learned counsel appearing for the Petitioners submitted that the Petitioners have come forward with this Revision challenging the conviction and sentence passed by the learned Judicial Magistrate No. II, Nagercoil, dated 12.07.2002 convicting each of them under Sec. 498-A, I.P.C. and sentencing them to undergo one year's rigorous imprisonment and to pay a fine of 1,000.00 each, in default, to undergo three months' simple imprisonment and convicting each of them under Sec. 3 of Dowry Prohibition Act and sentencing them to undergo three years' rigorous imprisonment and to pay a fine of 5,000.00 each, in default to undergo one year's simple imprisonment and also convicting each of them under Sec. 4 of Dowry Prohibition Act and sentencing them to undergo six months' rigorous imprisonment and to pay a fine of 2,000.00 each, in default to undergo six months' simple imprisonment and ordered the sentences to run concurrently and the judgment of the learned Sessions Judge, Nagercoil, in C.A. No. 118 of 2002, dated 26.07.2006, confirming the conviction and sentence. Pending Revision, the Petitioner has filed this Petition for suspension of sentence.

(2.) The learned counsel appearing for the Petitioner submitted that there are arguable points involved in this Revision. It is contended by the learned counsel for the Petitioner that the Petitioners have been arrayed as A-6 and A-7 and they are the husband and wife. It is contended by the learned counsel for the Petitioner that there is no evidence to prove the allegation of dowry harassment made by the Petitioners herein who has been arrayed as A-6 and A-7 against P.W. 1, the de facto complainant. It is also submitted by the learned counsel for the Petitioners that the evidence of P.W. 1 is not corroborated by any independent witness. 1 It is also pointed out by the learned counsel for the Petitioner that as per the evidence of P.W. 10 it is clear that there is absolutely no demand or cruel treatment.

(3.) Heard the learned Government Advocate (Crl. Side).