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2004 Supreme(Mad) 1502

J.M.JAMES
Aravindan & Another – Appellant
Versus
State Rep, by The Circle Inspector of Police – Respondent


Advocates:
For the Appellants:S. Rajeev, Advocate. For the Respondent: P.M.A. Kalam, Public Prosecutor.

Judgment :

Accused 1 and 2 in S.C.45/96 on the file of the First Additional Sessions Judge, Kozhikode are the appellants. Though both of them were charged for the offences punishable under Sections 304B and 498A read with S. 34 of the Indian Penal Code, they were found guilty only under Section 498A read with S.34 of I.P.C. and were acquitted of the offence under S.304B of I.P.C. On conviction, they were sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs.5,000/-each and in default, to undergo rigorous imprisonment for six months each. The same is under challenge through this appeal.

2. The brief facts of the case are that both the first appellant, Aravindan, and Reetha were in love. They decided to join in matrimony. Both went to the office of P.W.7 the Sub Registrar of the area and executed Ext.P2 agreement dated 12. 92 In the presence of P.W.1 a close relative of Reetha and P.W.2 her mother, resolving to live as husband wife. They cohabited as such in the house of the first accused/first appellant. But the life of Reetha was not pleasant there. There was demand for dowry particularly gold ornaments worth 25 sovereigns. She had to face many harass



















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