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1994 Supreme(Ker) 456

K.SREEDHARAN, K.J.JOSEPH
State of Kerala – Appellant
Versus
Jose Saju – Respondent


JUDGMENT

K. Sreedharan, J.

1. Accused, 4 in number, were charged with offence punishable under S.498(A) and read with S.34 of the I. P. C. After trial, the learned Additional Assistant Sessions Judge, Kottayam convicted first accused for the offence under S.498 (A) of the I. P. C. and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/- with a default clause to suffer simple imprisonment for 9 months. Accused 2 to 4 were acquitted under S.235(1) of the Code of Criminal Procedure. First accused challenged that decision before the Sessions Court, Kottayam by preferring Crl. Appeal No. 52/90. While that appeal was pending, State preferred Crl. Appeal 366/90 questioning the correctness of acquittal of all the accused for the offence under S.304(B). Thereupon this court withdrew Crl. Appeal 52/90 from the Sessions Court and renumbered the same as Crl. Appeal No. 73/92. Arguments were heard on these two appeals and we are disposing of them by this common judgment.

2. The prosecution version of the incident, in short, is as follows: - First accused Jose alias Saju married Bijimol, the daughter of P. Ws. 2 and 3 on 31-1-88. Accused 2 and 3 are the pa































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