PAUL Vs. STATE OF KERALA
LAWS(SC)-2020-1-55
SUPREME COURT OF INDIA
Decided on January 21,2020

PAUL Appellant
VERSUS
STATE OF KERALA Respondents





Cited Judgements :-

GURAI BHAKTA VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-9-79] [REFERRED TO]


JUDGEMENT

K.M.JOSEPH,J. - (1.)By the impugned judgment the High court has affirmed the Judgment of the learned Principal Sessions Judge, Ernakulam convicting the appellant under section 302 of the Indian Penal Code (for short "IPC") and sentencing him to rigorous imprisonment for life and a fine of Rs.10,000/-.
(2.)The deceased was the wife of the appellant.
(3.)The appellant and his mother were charge-sheeted under Sections 498-A and 302 read with Section 34 of the IPC alleging cruelty and for causing the death of the appellant's wife. By order dated 18.2.2005, the accused were acquitted. Thereafter, the mother of the appellant expired. A Division Bench of the Kerala High Court vide judgment dated 29/03/2012 however, allowed the criminal appeal filed by the State against acquittal and set aside the acquittal insofar as it related to the appellant and the matter was remanded back with a direction to dispose of the case by continuing proceedings from the stage of examination under Section 313 Cr.PC. It is after the remand that the Principal Sessions Judge, Ernakulam, convicted the appellant under Section 302 of the IPC as we have already noted. The High Court by the impugned judgment has concurred with the view taken by the trial Court.
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