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2021 Supreme(SC) 101

ASHOK BHUSHAN, AJAY RASTOGI
R. DAMODARAN – Appellant
Versus
STATE REPRESENTED BY THE INSPECTOR OF POLICE – Respondent


Advocates Appeared:
For the Appellant(s) :S. Gowthaman, Advocate
For the Respondent(s):M. Yogesh Kanna, Raja Rajeshwaran S., Aditya Chadha, Uma Prasuna Bachu, Advocates

JUDGMENT :

AJAY RASTOGI, J.

1. The accused appellant was charged for offence under Section 302 IPC for the murder of his own wife Nirmala Mary while she was at the advanced stage of her pregnancy. After facing trial, he was held guilty of charge of murder of his wife under Section 302 IPC and was awarded life imprisonment by the learned trial Judge by judgment dated 3rd September, 2007 and confirmed by the High Court by judgment impugned dated 10th July, 2009.

2. The case of the prosecution is that marriage of deceased Nirmala Mary and accused appellant was solemnised on 17th February, 1997. The appellant used to frequently change his rented accommodation and whenever he changed the rented accommodation, he used to quarrel with the deceased and send her to her father to fetch money. Her father extended monetary help to the extent it was possible.

3. Since the date they shifted to Walles Garden area, the accused appellant used to come home after consuming liquor and invariably had a quarrel with the deceased and beat her. Deceased lodged complaint at the Police Station many a times in this regard and in continuation of the occurrence on the fateful night of 28th October, 2005, while he


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