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2020 Supreme(Online)(KER) 19310

HIGH COURT OF KERALA
P. G. Ajithkumar, J
A.F.EANASY – Appellant
Versus
ANTONY XAVIER – Respondent


Advocates:
SRI.P.VIJAYA BHANU (SR.), SMT.P.MAYA, SRI.ANIL K.MOHAMMED, SRI.R.ANIL, SRI.DELVIN JACOB MATHEWS, SRI.GEORGE PHILIP, SRI.B.RAMAN PILLAI, SRI.RAJU RADHAKRISHNAN, SRI.R.D.SHENOY SR., SRI.S.VINOD BHAT, SRI.K.B.UDAYAKUMAR, SR.PP

JUDGMENT

[ CRL.A.204/2005, Crl.Rev.Pet.1289/2004 ]

Dated this the 1st day of December 2020 ...

This Revision petition and Crl. Appeal are connected and therefore, I am disposing these two cases by a common judgment. The revision petitioner in Crl.R.P.1289/2004 is the prosecution witness No.1 in S.C. No.303/2001 on the file of the Principal Assistant Sessions Judge, Kochi. The revision is filed challenging the judgment dated 19.11.2003 in Crl.Appeal No.319/2003 on the file of the Additional Sessions Judge, (Adhoc-II), Ernakulam. The State also challenge the same judgment by filing Crl.Appeal No.204/2005. Therefore, I am disposing these two cases by a common judgment.

(hereinafter the parties are mentioned in accordance to their rank before the trial court). 2. The above case is chargesheeted by the Assistant Commissioner of Police, Mattancheryy alleging offences punishable under Sections 498A and 306 r/w Section 34 of the IPC against the two accused.

3. The prosecution case in brief is that on

18.2.1996, the first accused married Jency, daughter of PW1 at Jeevamatha Church, Mattancherry. They were residing at the house of the first accused. It is alleged after one year of the marriage,

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