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2022 Supreme(Ker) 891

C. S. SUDHA
Suresh Babu, S/o. Kalassery Vasu – Appellant
Versus
State of Kerala, Represented By The Public Prosecutor – Respondent


Advocates Appeared:
For the Appellant : Sri. P. Vijaya Bhanu (Sr.), Sri. P.M. Rafiq, Smt. Sruthy K.K.
For the Respondent: Sri. Vipin Narayan, Public Prosecutor.

JUDGMENT :

This appeal under Section 374(2) Cr.P.C. has been filed by the first accused in S.C.No.243/2005 on the file of the Court of Sessions, Thrissur, challenging the conviction entered and sentence passed against him for the offences punishable under Section 304-B and Section 498-A IPC.

2. The prosecution case as stated in the charge sheet is as follows-The marriage of the first accused with Rakhi, the deceased, was solemnized on 07/05/1998. At the time of marriage, 45 sovereigns of gold ornaments and Rs.40,000/- had been given to Rakhi by PW1, her father. After marriage Rakhi was residing with her husband, the first accused, in his house along with his family, that is, A2 to A4 who are his parents and brother respectively. After marriage, the gold ornaments and money were taken away by the first accused and utilized for his own needs. The accused demanded the house and property in the name of PW1 to be transferred in the name of the first accused. When the misappropriation of the gold ornaments and money was questioned by Rakhi and as the property as demanded by the accused was not transferred in the name of first accused, Rakhi was subjected to cruelty and harassment. The firs

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