The accused Nos. 1 to 3 in SC.No.299/2006 on the files of
the Additional District and Sessions Judge, Fast Track (Adhoc
II), Kozhikode have preferred this appeal challenging the
judgment of conviction and order of sentence passed against
them in the said case for the offence punishable under Section
498-A IPC.
2. The case of the prosecution in brief is as follows;
PW1 and the accused belong to the Muslim community,
and their marriage was solemnized as per their religious rites
and ceremonies on 28.03.2004. After the marriage, while both
of them were residing together in the matrimonial home, the
1st accused, as well as his parents and sister, who are arrayed
as accused Nos.2 to 4 in this case started to ill-treat and harass
PW1 alleging that she lacked beauty and the dowry brought by
her is insufficient. Furthermore, the accused misappropriated
45 sovereigns of gold ornaments and cash amounting to Rs.1.5
lakhs given by her parents at the time of her marriage and
used it for their own purposes. When PW1 became pregnant,
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the 1st accused, at the instigation of the 2nd and 3rd accused,
compelled her to abort the fetus, which she resisted. Despite
her resistance, the accused forcefully administered two pills
with an intention to abort the fetus and caused PW1 to
miscarry without her consent. Hence, the accused are alleged
to have committed the offences punishable under Section 313,
406, 506(i), 498-A r/w 34 IPC.