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2008 Supreme(SC) 1776

MUKUNDAKAM SHARMA, ARIJIT PASAYAT
Rajendran – Appellant
Versus
State Asstt. Commnr. of Police Law & Order – Respondent


Advocates appeared:
Shekhar Naphade, Sr. Adv., Anil Kaushik, Mrs. Jspreet Aulakh, Ms. Meenakshi Thareja, A. Santhakumaran, Gopal Singh Chavan, Shiv prakash Pandey, K.V. Vishwanathan, Deepak Jain, Judy James, Mrs. Subra Rai, T. Raja and S. Thananjayan, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. These two appeals are interlinked and have their matrix on a judgment of the Madras High Court. By the impugned judgment the High Court upheld the conviction of the accused persons for offence punishable under Section 498(A) of the Indian Penal Code, 1860 (in short the ‘IPC’). Each was sentenced to undergo rigorous imprisonment for three years. The conviction was imposed by learned Second Additional Sessions Judge, Madras, and appeal was preferred by the appellants questioning conviction and the sentence imposed. Originally, the accused persons were charge sheeted and tried for offence punishable under Section 498A and 304 B IPC. The Trial Court after considering the material on record acquitted the appellants in respect of offence referred to Section 304 B and convicted them for offence under Section 498A IPC.

2. Prosecution version in a nutshell is as follows:

Appellant-Rajendran, was married to Shanthi (hereinafter referred to as the ‘deceased’). The other appellants are the parents of Rajendran. On 1.12.1989, the deceased Shanthi got married to appellant-Rajendran. Since there was torture at the hands of the appellants, the deceased Shanthi




















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