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2021 Supreme(Ker) 252

R.NARAYANA PISHARADI
Rajesh – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner: R.T. Pradeep
For the Respondent: Sr. Government Pleader (B. Jayasurya)

ORDER :

1. The revision petitioner is the accused in the case S.C.No.1256/2009 pending in the Court of the Additional Sessions Judge-I, Thiruvananthapuram.

2. One day morning, the wife of the petitioner was found hanging at his house. Though she was taken to the hospital, she was declared dead.

3. Initially, a case was registered for unnatural death under S.174 Cr.P.C. Later, the case was converted to one under Sections 498A and 306 I.P.C. After completing the investigation, the police filed charge-sheet against the petitioner for the offences punishable under Sections 498A, 302 and 306 I.P.C. The trial court framed charge against the petitioner for the aforesaid offences.

4. This Revision Petition is filed by the accused, challenging the charge framed against him by the court below for an offence punishable under S.302 I.P.C.

5. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary produced by the learned Public Prosecutor.

6. The case diary contains materials to show that, soon before the deceased was found hanging, the petitioner had beaten her black and blue with a weapon. She had suffered internal bleeding. The autopsy report shows that h

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