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2003 Supreme(SC) 747

Babu S/o Raveendran – Appellant
Versus
Babu S/o Bahuleyan – Respondent


JUDGMENT

Sema, J.-These two appeals arise out of a common judgment and order of the High Court dated 29-11-1994 passed in Criminal Appeal No. 626 of 1994 and R.T. No. 2 of 1994 and are being disposed of by this common judgment. Criminal Appeal No. 270 is preferred by the defacto complainant (PW-1), the brother of the deceased. Criminal Appeal No. 271 is preferred by the State of Kerala.

2. The facts of this case as unfolded by the prosecution are brief but horrendous, which shock human conscience. The marriage of the deceased-Sujatha with accused Babu was solemnised on 2-2-1993. Thereafter, the couple stayed together in the parental house of the bridegroom. The deceased seems to have elicited information from PW-3 Lekha, wife of the younger brother of the accused, that the accused had a pre-marital affair with one Omana @ Vavachi (PW-2). The deceased could not tolerate the information so elicited about the extra marital connection of her husband with Omana. She became repulsive and adopted an unresponsive attitude towards the overture approach made by the accused and she succeeded by keeping him at bay on the bridal night. It appears that the deceased had adopted the same stiff attit








































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