GOVINDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the final judgment and order dated 04.10.2007 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No. 2573 of 2006 whereby the High Court partly allowing the appeal acquitted Laxmibai - A-3, the mother of the appellants herein and Bhagirathi-A-5, the grandmother of appellants and affirming the sentence passed by the trial Court convicted A-1, A-2 and A-4, appellants herein, for offences under Section 498-A/34 IPC and Section 302/34 IPC.

(2.) The facts leading to the present appeal are as follows: The deceased - Renuka, was married to appellant No.1 about 10 years prior to the date of the incident. As per the prosecution case, on 10.12.2005, at about 12 noon, the appellants herein, along with their mother and grandmother tried to pour kerosene oil and lit fire on the deceased and because of that she raised hue and cry. On hearing her noise, five neighbours came and requested them not to do so but the accused persons asked them not to interfere in their family matter. Appellant No.3 poured kerosene on the deceased and appellant No.2 set fire in the presence of the neighbours. After pouring kerosene, the accused persons ran away from the house and the neighbours extinguished the fire and covered the deceased with blanket and had taken her immediately to the Government Hospital Bagalkot. At about 2.30 p.m., the Doctor (PW-7) informed the police and the Magistrate (Tehsildar) (PW 12) came to the Hospital at 4.30 p.m. and recorded the dying declaration of the deceased which is filed as Ex. P-9. The Police Officer came to the hospital after 7 p.m. and taken the statement of the deceased which was written by Govindagowda Patil - PW-11, the neighbour, and F.I.R. was registered at the police station at 7.15 p.m. which is Ex. P-10. The Investigating Officer, PW-17 came to the hospital at 8.30 p.m. and again tried to take the statement of the deceased but she was not in a position to give any statement and at 9.00 p.m., she died. The Inquest Panchnama was prepared at about 11.00 p.m. On 11.12.2005, post mortem was conducted by the Doctor, PW-7, the report of which is Ex. P-5. The Investigating Officer filed the charge sheet on 23.01.2006. On 26.06.2006, the Fast Track Court, Bagalkot framed the charges against all the five accused persons under Sections 498-A, 143, 147, 341, 302 read with Section 149 I.P.C. By order dated 03.10.2006, the Fast Track Court, Bagalkot convicted all the five accused for the offence punishable under Sections 498-A, 143, 147, 341, 302 read with Section 149 I.P.C. and sentenced them to undergo rigorous imprisonment for two years and also sentenced them to pay a fine of Rs.2000/- each in default, simple imprisonment for three months for the offence punishable under Section 498-A read with Section 149 I.P.C. and further convicted them for the offences punishable under Section 302/149 IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs.10,000/- each in default, simple imprisonment for one year. All of them filed a Criminal Appeal being Appeal No. 2573 of 2006 before the High Court. By order dated 04.10.2007, the High Court by partly allowing the appeal acquitted A-3 and A-5 of all the charges leveled against them and affirming the sentence passed by the trial Court on A-1, A-2 and A-4 convicted them for the offence punishable under Section 498-A/34 I.P.C. and Section 302/34 I.P.C. Aggrieved by the said order, accused Nos. 1, 2 and 4 have preferred this appeal by way of special leave petition.

(3.) We have heard Mr. Sanjay Jain, learned counsel for the appellants-accused and Mr. Sanjay R. Hegde, learned counsel for the respondent-State.