JAYAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These Criminal Appeals, which have been heard through video conferencing, are directed against the common judgment dated 29.07.2008 passed by the High Court of Karnataka at Bangalore whereby the findings of the trial Court were reversed and after setting aside the appellants' acquittal, they have been convicted for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 ("IPC") and consequently sentenced to life imprisonment.

(2.) The parties in the present case are closely related. The case of the prosecution is that there was a long-standing animosity between the families of Jayamma wife of Reddinaika (Appellant No.1) and Jayamma wife of Sanna Ramanaika (deceased) and in connection thereto, a quarrel took place on 10.09.1998 in which, Thippeswamynaika son of the deceased assaulted and injured Reddinaika (Husband of Appellant No.1). Thereafter the appellants allegedly went to the house of the deceased on 21.09.1998 and confronted her about the assault on Reddinaika. The appellants demanded Rs. 4,000/- for the cost incurred on the medical treatment of Reddinaika. After a heated exchange of words, the appellants allegedly doused the deceased-Jayamma in kerosene and set her on fire. Specific roles have been attributed to all the appellants inrespect thereto. Upon hearing the wails of Jayamma, her other son Ravi Kumar (PW-2) and daughter-in-law Saroja Bai (PW-5; wife of Thippeshi or Thippeswamynaika) came to the spot and tried to extinguish the fire. The appellants meanwhile ran away from the spot. Since Jayamma was seriously injured, PW-2 sought help from Kumaranaika (PW-3) to shift Jayamma to the hospital. PW-2 and PW-3 then took the injured-Jayamma on a bullock cart to Primary Health Centre (P.H.C.), Thalak and there Dr. A. Thippeswamy (PW-16) provided primary treatment to the injured-Jayamma, including, administering her certain pain killers. Dr. A. Thippeswamy (PW-16) sent medico-legal case information to the Thalak Police Station, and on receipt thereof, SHO K.V. Mallikarjunappa (PW-11) reached the hospital and recorded the statement of the injured Jayamma (Ex. P-5) in the presence of PW-16. Jayamma in her statement implicated all the appellants. On the basis of the said statement, Crime No. 101 of 1998 was registered at the Thalak Police Station under Sections 504, 307, 114 read with Section 34 of IPC. Owing to the seriousness of injuries, the victim was later shifted to Government Hospital, Chitradurga. However, on 23.09.1998 at 5:30 AM, Jayamma succumbed to her injuries.

(3.) Upon being notified about the death of Jayamma, the Police sent a requisition to the Court, requesting that offence under Section 307 read with Section 34 IPC be altered to offence under Section 302 read with Section 34 IPC. ASI J. Sanjeeva Murthy (PW-14) thereupon visited the Hospital and conducted the inquest. The body was sent for post mortem examination and a report was made by Dr. Sunil Chowhan (PW-19), wherein, it was opined that Jayamma died of shock due to extensive burn injuries. Thereafter, the police visited the spot, drew the mahazar and made certain seizures in the presence of Rameshnaika (PW-1) and Eshwarnaika (PW-15). During the course of further investigation, PSI Chandrahas Naik (PW-13) and CPI Shankar (PW-18) recorded the statements of witnesses and arrested the appellants. Appellant No.1, however, was able to obtain anticipatory bail and was, thus, released after her arrest.