N. V. RAMANA, A. S. BOPANNA, HIMA KOHLI
Surendran – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
N.V. RAMANA, CJI.
1. The instant appeal, by way of special leave, is directed against judgment dated 12.09.2018 passed by the High Court of Kerala in Criminal Revision Petition No. 1801 of 2006, whereby the High Court partly allowed the Revision Petition filed by the appellant-husband (accused no. 5). By way of the impugned judgment, the High Court has set aside the concurrent findings of conviction of the courts below and acquitted the appellant under Section 304B of the Indian Penal Code [for short ‘the IPC’] while confirming his conviction under Section 498A of the IPC. The High Court has further modified the sentence imposed on the appellant to rigorous imprisonment for one year.
2. The conspectus of the facts necessary for the disposal of the appeal are as follows: the appellant married the deceased on 09.04.1995. After the marriage, the deceased resided with the appellant and his family members at their matrimonial home. It is alleged that the appellant, along with his family members, started harassing the deceased soon after the marriage and was demanding additional dowry. Allegedly, the deceased attempted suicide by consuming Benzyl Hexa Chloride powder on 11.02.199
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