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2023 Supreme(Kar) 305

S. RACHAIAH
Kantharaju, S/o. Nagaraju – Appellant
Versus
State Of Karnataka, By Kyathasandra Police Station Represented By Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Sri. Chetan Desai.
For the Respondent: Sri. Rahul Rai K.

ORDER :

1. This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dated 18.01.2019 in C.C.No.3980/2011 on the file of the Court of the Principal Civil Judge and J.M.F.CI at Tumakuru and its confirmation judgment and order dated 04.10.2019 in Crl.A.No.2/2019 on the file of the Court of the VI Additional District and Sessions Judge at Tumakuru seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused is convicted for the offences punishable under Sections 498A of Indian Penal Code (for short ‘IPC’).

2. The petitioner is the accused before the Trial Court and appellant before the Appellate Court.

Brief facts of the case are as under:

3. It is the case of the prosecution that, the complainant married the petitioner as second wife and it is stated in the said complaint that, initially upto five years, both the petitioner and the complainant were living cordially. In the said marriage, the couple had a male child. After she gave birth to the child, she had some health issues. Later on, she was affected due to paralysis, which led her to lose control over her legs, she

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