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2009 Supreme(SC) 130

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Varikuppal Srinivas – Appellant
Versus
State of A. P. – Respondent


Advocates Appeared:
For the Appellant:Mrs. P. Radha Rani, P. Vijay Kumar, P.M. Pandey, D. Mahesh Babu & C.S.N. Mohan Rao Advocates.
For the Respondent:I. Venkatanarayana, Sr. Advocate, V. Prabhakar Rao & Mrs. D. Bharathi Reddy, Advocate.

Judgment:

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of the Andhra Pradesh High Court upholding the conviction of the appellant for offences punishable under Sections 498A and 304B of the Indian Penal Code, 1860 (in short the ‘IPC). Learned 4th Additional Metropolitan Sessions Judge, Hyderabad had convicted both the accused persons for offences punishable under Sections 498A and 304B IPC and sentenced each to undergo rigorous imprisonment for one year and seven years respectively and to pay a fine of Rs.200/- with default stipulation. In appeal, A2 was acquitted by the High Court.

3. Prosecution version in a nutshell is as follows:

A1 the present appellant is the son of A2 who married Manjula (hereinafter referred to as the ‘deceased) the daughter of PWs.1 & 2 about six years prior to the date of incident. Sub Inspector of Police (PW9) of Osmania University Police Station received a message at 6.45 P.M. on 8.2.1999 from Gandhi Hospital stating that one Manjula was admitted in the hospital allegedly having consumed unknown acid at her residence on the said date. He entered the same in G.D., went to the hospital and found that the deceased





















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