SUPREME COURT OF INDIA
STATE OF KERALA
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(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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