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JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1774 of 2010

R. Shaji

…Appellant

Versus

State of Kerala

…Respondent

J U D G M E N T

Dr. B.S. CHAUHAN, J.

1.

This appeal has been preferred against the judgment and order

dated 10.12.2009 delivered by the Kerala High Court at Ernakulam in

Criminal Appeal No. 86 of 2006, by way of which it has affirmed the

judgment and order of the Sessions Court, Kottayam dated 3.1.2006,

passed in Sessions Case No. 145 of 2005.

2.

Facts and circumstances giving rise to this appeal are:

A.

As per the case of the prosecution, the appellant at the relevant

time had been working as the Deputy Superintendent of Police at

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JUDGMENT

Malappuram, and his wife was living at Palluruthy, and was using a

vehicle which was driven by Praveen (deceased). He was also related

to the appellant. Praveen developed an illicit relationship with the

appellant’s wife, and the appellant was informed of this development

by his Manager, Aji. The appellant reached Palluruthy, and made

enquiries about the situation from