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2023 Supreme(SC) 1139

VIKRAM NATH, RAJESH BINDAL
Kamalakar – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Basavaprabhu S. Patil, Sr. Adv. (Not Present) Mr. Anirudh Sanganeria, AOR
For the Respondent(s): Mr. Nishanth Patil, A.A.G. Mr. V. N. Raghupathy, AOR Mr. Ayush P Shah, Adv. Mr. Vignesh Adithiya S, Adv. Mr. Manendra Pal Gupta, Adv.

JUDGMENT :

Vikram Nath, J.

1. This Appeal is by the accused challenging the order of conviction and sentence passed by the High Court of Karnataka in Criminal Appeal No. 102/2022 on 7.11.2007.

2. FACTS OF THE CASE:

2.1. The case pertains to offences relating to cruelty towards deceased at her matrimonial home under Section 498A IPC and subsequent allegations of abetment to suicide under Section 306 IPC. The deceased, who is the informant’s daughter, was married to the appellant for four and a half years until her death in 1994. After their marriage, the couple resided in their matrimonial home in Chinkera Village along with the appellant’s parents. The prosecution alleges that after two years of marriage, all the three accused, i.e., the appellant and his parents, started ill-treating and assaulting her owing to not giving birth to a child and accusing her of not doing household and agricultural work properly. The deceased informed the same to her father when she went to her parental home. The informant, i.e., the father of the deceased, advised the accused and requested them not to ill-treat his daughter.

2.2. About two months prior to the incident, the appellant took the deceased to B

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