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2024 Supreme(Online)(Ker) 89256

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Not mentioned, J
Accused Nos.1 to 4 – Appellant
Versus
State – Respondent


Advocates:
For the Appellants/Petitioners: Not Mentioned
For the Respondents: Public Prosecutor

Table of Content
1. conviction under ipc section 498a. (Para 1 , 2 , 3 , 4 , 10 , 11 , 12)
2. analysis of validity and implications of marriage under ipc. (Para 7 , 19 , 21 , 22 , 23 , 27 , 30 , 31 , 32)
3. arguments on necessity of valid marriage for section 498a. (Para 14 , 15 , 20 , 24 , 25)
4. ratio on validity of marriage under ipc section 498a. (Para 26 , 28 , 29 , 33)
5. final sentencing decision. (Para 34)

J U D G M E N T

This appeal is at the instance of accused Nos.1 to 4 in SC No.325 of 2004 on the file of Additional Sessions Judge (Ad hoc-II), Kalpetta, challenging their conviction and sentence under Section 498A read with Section 34 of IPC , vide judgment dated 04.05.2007.

2. The prosecution case is that, Asmabi, an 18 year old girl who was the wife of the 1st accused, committed suicide on 19.06.2002 due to the matrimonial cruelties meted out to her, by the accused persons, who are her husband and in-laws, and also due to the harassment on demand of dowry.

3. The accused persons (4 in number) were chargesheeted by Dy.SP, Kalpetta, for offences punishable under Sections 498A , 304B and 306 read with Section 34 of IPC .

4. After committal and on appearance of the accused bef

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