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2024 Supreme(Online)(Ker) 87848

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SURESH – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

This appeal is at the instance of the accused in SC No.136 of 2006 on the file of Additional Sessions Judge/Special Judge for NDPS Act cases, Thodupuzha, challenging his conviction and sentence under Section 498A of IPC , as per judgment dated 07.05.2007.

2. The appellant/accused was originally charge sheeted by SI of Police, Upputhara for an offence punishable under Section 306 of IPC . The prosecution allegation was that, the accused, who was in a live-in relationship with the deceased Smt.Jancy, abetted her suicide on 10.03.2005 at 3 p.m.

3. On committal, and on appearance of the accused before the trial court, charge was framed against him under Section 306 of IPC . He pleaded not guilty to the charge and claimed to be tried.

4. PWs 1 to 8 were examined, Exts.P1 to P6 were marked and MO1 was identified from the side of the prosecution.

5. On closure of prosecution evidence, accused was questioned under Section 313 of Cr.P.C . He denied all the incriminating circumstances brought on record and submitted that, himself and Smt.Jancy fell in love and they were living together harmoniously, and two children were born to them. Since she had made some derogatory remarks aga

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