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2008 Supreme(SC) 688

ARIJIT PASAYAT, P.SATHASIVAM
Noorjahan – Appellant
Versus
State Rep. by D. S. P. – Respondent


JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court dismissing the appeal of the appellant and upholding the conviction for offence punishable under Section 498-A of the Indian Penal Code, 1860 (in short the ‘IPC’) recorded and imposed by the learned District and Sessions Judge, Karur in S.C. No.1/2004. Several persons who had faced trial had preferred the appeal. Accused Nos.1 to 5 and 7 i.e. present appellant were found guilty of offence punishable under Section 498-A IPC. Accused Nos.1 to 5 were found guilty under Section 302 IPC.

3. In appeal it was held that A-1 and A-2 were guilty of offence punishable under Section 302 IPC and, therefore, their conviction as recorded by the trial Court was affirmed. Conviction of A-3, A-4 and A-5 for offence punishable under Section 302 IPC was set aside. In respect of offence punishable under Section 498-A the conviction in respect of A-1 to A-5 and A-7 was confirmed. Appellant is A-7.

4. Background facts as projected by prosecution in a nutshell are as follows :

The marriage between A-1 and Syed Ali Fathima (hereinafter referred to as the deceased)
























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