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2009 Supreme(SC) 344

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Syed Hakkim – Appellant
Versus
State rep. by Dy. Superintendent of Police, Karur District, Tamil Nadu – Respondent


Advocates Appeared:
For the Appellants:S. Ravi Shankar, Yamuna Nachiar, Advocates. For the
Respondent:S. Thananjayan, Advocate.

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 filed by the appellants. Seven accused persons faced trial. Appellants-accused were numbers as A-1 and A-2 respectively in the trial Court and before the High court. Out of seven accused persons who faced trial A-1 to A-5 and A-7 were convicted for offence punishable under Section 498-A of the Indian Penal Code, 1860 (in short the `IPC) while A-1 to A-5 were also convicted for offence punishable under Section 302 IPC. In appeal the High Court set aside the conviction so far as A3, A4 and A5 are concerned in respect of offence punishable under Section 302 IPC.

3. Prosecution version in a nutshell is as follows:

The marriage between the first accused and Syed Ali Fathima (hereinafter referred to as deceased) took place on 22.4.2001. A2 is the brother of Al. A3 and A4 are the sisters of Al and AS is the mother and A6 is the father of Al. A7 is the aunt of Al. P.W.1 is the mother of the deceased. At the time of marriage, P.W.1 paid Rs.5,000/- and three sovereigns of gold jewels and after a period of two months, the first ac


























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