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2009 Supreme(SC) 934

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Narendra – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
For the Appellant :N.D.B. Raju, Ms. Bharti Raju, N. Ganpathy, Advocates.
For the Respondent:Ms. Anitha Shenoy, Advocate.

JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of a Division Bench of the Karnataka High Court setting aside the judgment of acquittal recorded by learned Third Additional Sessions Judge, Bangalore. Learned Sessions Judge have found the accused appellant guilty of offence punishable under Section 498(A) and 302 of the Indian Penal Code, 1860 (In short the ‘IPC’).

2. Background facts leading to the prosecution of the appellant are as follows:

On 13/14.2.1994 Smt. Mythradevi (hereinafter referred to as the ‘deceased’) was done to death in the bedroom of the matrimonial home of the deceased. According to ‘the investigation reports by about 6 a.m. on 14.2.1994 the inmates of the matrimonial home of the deceased learnt about the suspicious death of the deceased. By 9.30 a.m. on the very same day parents of the deceased came to the matrimonial home of the deceased after hearing the news of death of their daughter Mythradevi. Father of the deceased (P.W.6) informed the same to the Jurisdictional Police i.e., Srirampura Police Station as per complaint Ex. P.6. Thereafter, first part of investigation under Section 176 of the Code of Criminal Procedure, 1973













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