LAWS(SC)-2000-10-26

HANUMANT BHIMAPPA GADIVADDAR Vs. STATE OF KARNATAKA

Decided On October 11, 2000
HANAMANT BHIMAPPA GADIVADDAR Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This appeal, as of right, has been preferred by the appellant from jail on a charge that he murdered his wife. He was tried by a Sessions Court. After trial he was acquitted by the Sessions Judge. But on appeal preferred by the State a division Bench of the High Court reversed the order of acquittal and convicted him under section 302 of Indian Penal Code and sentenced him to imprisonment for life.

(2.) The lady who died in the episode was kempawwa. Appellant and Kempawwa became husband and wife almost 15 years prior to the date of occurrence. They were issueless. The incident happened in the early hours of 28-5-1990, inside the house of the appellant. The prosecution case is that appellant had beaten the deceased with a hammer on the head and thereafter kerosene was doused on her and she was set ablaze. Appellant also attempted to commit suicide by pouring kerosene on himself and catching the fire. When the commotion was overheard by the neighbouring residents they all rushed to the scene and banged on the door of the room where the couple lived. When those persons compelled the insider to open the door it was the appellant who opened the door, he by them was in a semi-burnt condition. The neighbours noted that deceased had already died.

(3.) Public Witness-4 Dr. Prema Vijai who conducted the post-mortem examination on the deceased noted the following injuries on her: