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O.M. Cherian @ Thankachan Vs. State of Kerala [11/11/14]

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[Criminal Appeal No. 2387 of 2014 arising out of SLP (CRL.) No. 2487/2014]. This appeal arises out of the judgment dated 27.11.2013 passed in Crl. Appeal No. 910/2006 by which the High Court of Kerala confirmed the conviction of the appellant/1st accused under Sections 498A and 306 IPC and also the sentence of imprisonment imposed on him. Briefly stated, case of the prosecution is that the 1st accused married Lillikutty and their marriage was solemnized on 11.2.1988 and they continued their stay in House bearing No. MP. VIII/84 of Karulayai Amsom along with other accused, who are the father, mother and brother of the appellant. The allegation levelled is that in the matrimonial house, the appellant/1st accused and other accused ill-treated and tortured Lillikutty, compelling her to take the extreme step of putting an end to her life by committing suicide. During the marital life, Lillikutty had a premature delivery. When she became pregnant again in 1993, it is alleged that A-1 provided her with some tablets and Lillikutty had a miscarriage.

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