D. Jayanna Vs. State Of Karnataka on 6 May, 2009Bench: Arijit Pasayat, Asok Kumar Ganguly

HELD: The only evidence relatable to s.304B IPC was that of a neighbour who was examined after about two months of the alleged occurrence. Though the evidence appears to be sufficient to bring in application of s.498A, there is definite inadequacy to attract s.304B IPC. In that view of the matter, the conviction so far as it related to s.304B IPC is set aside, and that in relation to s.498A IPC is maintained. It is stated that the appellant has already suffered custody of about three and half years. That being so, the appellant need not surrender to custody. [Para 2] [981-G-H; 982-A-B]

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 79 of 2003.

From the Judgment & Order dated 16.07.2002 of the High Court of Karnataka at Bangalore in Criminal Appeal No. 568/1999.

Kiran Suri for the Appellant.