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2024 Supreme(Ker) 43

P. G. AJITHKUMAR
Jose, S/o. Lonappan – Appellant
Versus
State of Kerala, Rep. by Public Prosecutor, High Court of Kerala – Respondent


Advocates Appeared:
For the Appellant : Sri. C. Harikumar, Sri. Aravinda Kumar Babu T.K.
For the Respondent: Smt. Pushpalatha M.K., Sr. Public Prosecutor.

JUDGMENT :

The appellant was the accused in S.C.No.573 of 2006 of the Sessions Court, Thrissur. The Additional Sessions Judge (Fast Track Court No.II-Adhoc), Thrissur convicted him of the offences punishable under Sections 498A and 306 of the Indian Penal Code, 1860 (IPC). He was sentenced to undergo simple imprisonment for a period of three years and to pay a fine of Rs.2,000/- for offence under Section 498A of the IPC and for a period of five years and to pay a fine of Rs.10,000/- for the offence under Section 306 of the IPC. The said judgment of conviction and the order of sentence are under challenge in this appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (Code).

2. The case of the prosecution was as follows:

The appellant married Smt. Jaya on 31.12.2000. They have two children. The appellant used to mentally and physically harass Smt. Jaya. On 01.05.2003 the appellant caught hold of and slapped Smt. Jaya in public at Peringottukara Centre. One week before the marriage of her brother, Smt. Jaya went to her parental home in connection with purchase of gold ornaments. While the appellant was taking her back to his home, he slapped her at that house in the p

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