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2022 Supreme(Ker) 482

A. BADHARUDEEN
Ajayakumar, S/O. Balakrishna Pillai – Appellant
Versus
State Of Kerala Represented By The Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sasthamangalam S. Ajithkumar, Prabhu Vijayakumar, Renjith B. Marar
For the Respondent: Smt. Maya.M.N., Public Prosecutor

JUDGMENT :

This is an appeal filed under Section 374(2) of the Code of Criminal Procedure by accused Nos.1 and 2 in S.C.No.1317/2003 on the file of the IInd Additional Sessions Court, Kollam, assailing conviction and sentence imposed against them as per judgment dated 12.03.2007. State of Kerala represented by the Public Prosecutor is the respondent.

2. Heard the learned counsel for the appellants as well as the learned Public Prosecutor in detail.

3. The prosecution case runs as under:

It is alleged by the prosecution that the 1st accused had married one Suja, the cousin sister of the defacto complainant, in accordance with the religious rites and customs prevalent in their community, on 6.2.1999. At the time of marriage, 35 sovereigns of gold ornaments had been given to Suja and a sum of Rs.2,50,000/-was promised to be paid as dowry within 2 years from the date of marriage. Subsequent to the marriage, the above Suja as well as the 1st accused were lived together as husband and wife in Balakrishna Vilasom Veedu, Veliyannoor Muri, Ummannoor Village, which is the family house of the 1st accused as well as the 2nd accused, who is the mother of the 1st accused. It is alleged further that

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