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2010 Supreme(Mad) 3371

K.N.BASHA
Srinath Prasad – Appellant
Versus
State by Inspector of Police – Respondent


Advocates Appeared:
For the Appellant:N.R. Elango, Senior Counsel for N. Srinivasan, Advocate.
For the Respondent:J.C. Durairaj, Govt. Advocate [Crl. Side].

Judgment :-

1. The challenge in this appeal is to the judgment dated 19.01.2004 passed by the learned Sessions Judge, Magalir Neethimandram (Mahila Court), Chennai, made in S.C.No.214 of 2001 convicting the appellant, who has been arrayed as A1 for the offence under Section 498-A IPC and under Section 306 IPC and sentencing him to undergo a period of 10 years rigorous imprisonment and to pay a fine of Rs.2,00,000/-, in default, to undergo simple imprisonment for two years for the offence under Section 306 IPC. The learned trial Judge has not imposed any separate sentence for the offence under Section 498-A IPC as it is covered under Section 306 IPC also.

2. There are three accused in this case, viz., A1 to A3 and the learned trial Judge disbelieving the prosecution case, acquitted A2 and A3 and convicted only A1/the appellant herein as stated above.

3. The background facts of the case in a nutshell are hereunder :

(i) A1 is the husband of the victim/Kumudini. P.W.1 is the father of the deceased. P.W.2 is the mother of the deceased. P.W.3 is a family friend of P.W.1.

(ii) A1 and the deceased got married in the year 1993. At the time of marriage, the parents of the deceased have g














































































































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