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2007 Supreme(SC) 879

ARIJIT PASAYAT, D.K.JAIN
Shivanand Mallappa Koti – Appellant
Versus
The State of Karnataka – Respondent


Judgment

Dr. ARIJIT PASAYAT—

1.In the present appeal, challenge is to a judgment rendered by a Division Bench of the Karnataka High Court holding the appellant guilty of offences punishable under Section 498-A of the Indian Penal Code, 1860 (in short the ‘IPC’). The appellant faced trial along with two others, i.e. his mother and brother for offences punishable under Sections 302, 498-A IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961 (in short the ‘D.P. Act’). The trial Court had acquitted the present appellant and his brother of the charges under Section 302 IPC. Latter is described as A-3 while former is referred to as A-2. Mother of the accused (hereinafter referred to as A-1) was separately convicted under Section 302 IPC. The State had also filed an appeal questioning the acquittal, as noted above.

2.Background facts in a nutshell are as follows :

The appellant was married to one Shobha (hereinafter referred to as the deceased). She was the daughter of PW-l, a School Teacher. PW-2 was her mother, PW-17 her brother and PW-15 her younger sister. PW-6 is the wife of PW-17. According to the prosecution, PW-1 received information that she caught fire and was at the hosp















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