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2009 Supreme(Online)(KER) 27830

HIGH COURT OF KERALA
R.BASANT, J
BASHEER – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

In this revision petition the petitioner assails a concurrent verdict of guilty, conviction and sentence imposed on him in a prosecution under Sec.498A IPC. Altogether, there were 2 accused persons. The 1st wife of the petitioner is the de facto complainant. She raised allegations of matrimonial cruelty of the culpable variety against the petitioner herein and his second wife. She preferred a complaint before the learned Magistrate which was referred to the police under Sec.156(3) Cr.P.C. FIR was registered alleging offences punishable under Secs.406 and 498A IPC. Investigation was completed and final report was filed by the police. On the basis of the final report, cognizance was taken of the offences punishable under Secs.406 and 498A IPC.

2. Both the accused had entered appearance. They pleaded not guilty of the charges leveled against them. Thereupon, the prosecution examined P.Ws.1 to 3 and proved Ext.P1. No other evidence was adduced.

3. In the course of cross-examination of the prosecution witnesses and when examined under Sec.313 Cr.P.C., the accused denied the offences alleged against him. No defence evidence was adduced.

4. The courts below concurrently came to the conc

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