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2023 Supreme(Kar) 139

RAJESH RAI K
Santhosh S/o Yamanappa Maang – Appellant
Versus
State of Karnataka, By State Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. M B Gundawade, Advocate
For the Respondent: Sri. Praveen K. Uppar, HCGP

JUDGMENT :

This appeal is directed against the judgment and order dated 02.08.2014 passed in SC No.100/2010 by the VII Addl. District and Sessions Judge, Belagavi sitting at Chikkodi (hereinafter referred to as ’Trial Court’) wherein the appellant convicted for the offence under Sections 498A and 306 of Indian Penal Code(hereinafter referred to as ‘IPC’) and sentenced to undergo simple imprisonment for a period of 3 years and with a fine of Rs.10,000/in default of which, to undergo simple imprisonment for a period of six months for the offence under Section 498A of IPC and to undergo imprisonment for a period of 3 years and with fine of Rs.15,000/, in default of payment of fine to undergo simple imprisonment for a period of 8 months for the offence under Section 306 of IPC. The said impugned judgment challenged in this appeal.

2. Briefly, the facts relevant for the purpose of disposal of this appeal are as follows:

The marriage between appellant-accused No.1 and Smt.Jayashree alias Roopa (hereinafter referred to as ‘deceased’) was solemnized 1½ year prior to 12.12.2009 and after marriage the appellant/accused No.1 being the husband of deceased used to ill-treat her both physically and

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