L.NAGESWARA RAO, M.R.SHAH
VIJAY MOHAN SINGH – Appellant
Versus
STATE OF KARNATAKA – Respondent
JUDGMENT
M.R. Shah, J.
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 08.02.2013 passed by the High Court of Karnataka, Circuit Bench at Gulbarga in Criminal Appeal No. 402 of 2008, by which the High Court has allowed the said appeal preferred by the State of Karnataka and quashed and set aside the judgment and order of acquittal dated 20.12.2007 passed by the learned Presiding Officer, Fast Track Court-IV, Bidar (hereinafter referred to as the learned 'trial Court'), by which the learned trial Court acquitted original accused no. 1 (the appellant herein) for the offences punishable under Sections 302 read with 34, 498A, 304-B read with 34 of the IPC, and Sections 3,4 & 6 of the Dowry Prohibition Act, 1961, and consequently convicted original accused No. 1 for the offence punishable under Sections 302 of the IPC and sentenced him to undergo imprisonment for life and also convicted the appellant herein under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act, 1961, original accused No. 1 has preferred the present appeal.
2. The prosecution case in nutshell is as under:
That the marriage of the appellant with deceased Abhilasha was celebrate
Chandu vs. State of Maharashtra
Devatha Venkataswamy alias Rangaiah vs. Public Prosecutor
Main Pal vs. State of Haryana (2004) 10 SCC 692 (Para 12) – Distinguished [Para 5.4]
Kalyan Singh vs. State of M.P. (2006)13 SCC 303 (Para 7) – Distinguished [Para 5.5]
Atley v. State of Uttar Pradesh AIR 1955 SC 807 – Relied [Para 6.5]
Aher Raja Khima v. The State of Saurashtra 1955 (2) SCR 1285 – Relied [Para 6.5]
Umedbhai Jadavbhai v. State of Gujarat (1978) 1 SCC 228 – Relied [Para 6.5]
K.Gopal Reddy v. State of Andhra Pradesh (1979) 1 SCC 355 – Relied [Para 6.5]
Sambasivan v. State of Kerala (1998) 5 SCC 412 – Relied [Para 6.5]
K. Ramakrishnan Unnithan v. State of Kerala (1999) 3 SCC 309 – Relied [Para 6.5]
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.