M.R.SHAH, D.Y.CHANDRACHUD
NAGABHUSHAN – Appellant
Versus
STATE OF KARNATAKA – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order of conviction dated 11.10.2019 passed by the High Court of Karnataka at Bengaluru in Criminal Appeal No. 525/2013, by which the High Court has allowed the said appeal preferred by the respondent - State of Karnataka and has reversed the judgment and order of acquittal passed by the learned trial Court insofar as the appellant - original accused no.1 is concerned for the offences punishable under Sections 498A and 302 read with 34 of the IPC and consequently convicted the appellant herein - original accused no.1 for the aforesaid offences, original accused no.1 has preferred the present appeal. However, the High Court has confirmed the judgment and order of acquittal insofar as original accused nos. 2 and 3 are concerned.
2. As per the case of the prosecution, original accused no.1 married the deceased, the daughter of PW3 & PW4 nine years ago, prior to the date of the incident. That the deceased was subjected to the mental cruelty and there was demand of dowry from the parents of the deceased Rekha. In that regard, mediation was also held and thereafter PW3 & PW4 gave Rs. 10,000/-and Rs
Ashabai v. State of Maharashtra (2013) 2 SCC 224
Atley v. State of U.P. AIR 1955 SC 807
Arulvelu v. State (2009) 10 SCC 206
Budh Singh v. State of U.P (2006) 9 SCC 731
Balak Ram v. State of U.P (1975) 3 SCC 219
Bhagwan Singh v. State of M.P(2002) 4 SCC 85
Balbir Singh v. State of Punjab AIR 1957 SC 216
Chandrappa v. State of Karnataka (2007) 4 SCC 415
Dhananjay Shanker Shetty v. State of Maharashtra [(2002) 6 SCC 596 : 2002 SCC (Cri) 1444]
Excise and Taxation Officer-cum-Assessing Authority v. Gopi Nath & Sons 1992 Supp2 SCC 312
Gaya Din v. Hanuman Prasad (2001) 1 SCC 501
Gamini Bala Koteswara Rao v. State of A.P (2009) 10 SCC 636)
Ghurey Lal v. State of U.P (2008) 10 SCC 450
K. Ramakrishnan Unnithan v. State of Kerala (1999) 3 SCC 309
Khedu Mohton v. State of Bihar (1970) 2 SCC 450
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Kashmira Devi v. State of Uttarakhand (2020) 11 SCC 343
Kuldeep Singh v. Commissioner of Police (1999) 2 SCC 10
M.G. Agarwal v. State of Maharashtra AIR 1963 SC 200
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Perla Somasekhara Reddy v. State of A.P (2009) 16 SCC 98
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Ram Singh v. State of H.P (2010) 2 SCC 445)
Santosh v. State of Maharashtra (2015) 7 SCC 641
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Vijay Mohan Singh v. State of Karnataka
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Kuldeep Singh v. Commissioner of Police (1999) 2 SCC 10 – Referred (Para 5.2.3)
Vijay Mohan Singh v. State of Karnataka
Nallam Veera Stayanandam v. Public Prosecutor (2004) 10 SCC 769 – Referred (Para 8)
Kashmira Devi v. State of Uttarakhand (2020) 11 SCC 343 – Referred (Para 8)
Ashabai v. State of Maharashtra (2013) 2 SCC 224 – Referred (Para 8)
Santosh v. State of Maharashtra (2015) 7 SCC 641 – Referred (Para 8)
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