STATE OF KARNATAKA Vs. SHARIFF

JUDGEMENT

(1.) This appeal by special leave has been preferred by State against the judgment and order dated March 28, 1989 of High Court of Karnataka by which the appeal preferred by the accused respondent Shariff was allowed and the judgment and order dated February 6, 1987 of Sessions Judge, Bangalore Rural District, Bangalore, by which he had been convicted under S. 302, IPC and had been sentenced to imprisonment for life was set aside.

(2.) The accused-respondent was charged under S. 302, IPC for having committed murder of his wife Muneera Begum by pouring Kerosene on her body and setting her on fire in his house at about 4.00 a.m. on July 24, 1986.

(3.) The case of the prosecution in brief is that the marriage of the accused with Muneera Begum took place about 10 years back from the date of the incident and thereafter they lived in the house of Madar Shariff, the elder brother of the accused. Sometime thereafter the parents-in-law of the accused gave him a site in the same village where he built a house and started living there. The deceased Muneera Begum gave birth to three children and the elder one PW3 Rasheed was aged about 8 or 9 years. The accused started ill-treating his wife after the birth of the third child and a Panchayat was held wherein he was asked to behave properly and look after his wife. The accused was working as a labourer and was earning his livelihood by breaking the stones. The deceased was making "agarbattis" in her house to make some extra money. At about 4.00 a.m. on July 24, 1986 the accused started quarreling with his wife and demanded money which she had earned sometime back by selling agarbattis. thereafter he poured kerosene on her and set her on fire by a matchstick. PW3 Rasheed (son of the accused) saw the incident and ran to the house of his maternal grandmother PW1 Jaina Bi, who lived at a short distance away. Jaina Bi and her son PW2 Syed Akbar (deceaseds elder brother) came rushing and saw that Muneera Begum had sustained burn injuries and the accused was also present there. Muneera Begum was then taken to the Mission hospital in Habbagodi but the doctors advised that she should be taken to Victoria Hospital in Bangalore. The police at Hobbagodi helped them in arranging a jeep on which Muneera Begum was taken to Victoria Hospital, Bangalore where she was admitted at about 9.30 a.m. and was examined by PW12 Dr. K.M. Nagabhushan. He examined the injuries of the deceased and admitted her for treatment and a memo was sent to Victoria Hospital Police Station. PW11 B.K. Krishnappa, ASI then came to the hospital and recorded the statement of the deceased on the same day. Another statement of the deceased was recorded on 26th July, 1986. She however succumbed to her injuries on July 31, 1986. After completing the investigation the Police submitted charge-sheet against the accused-respondent and in due course the case was committed to the Court of Session. The prosecution examined in all 15 witnesses and filed some documents. The learned Sessions Judge believed the case of the prosecution and convicted the accused-respondent under S. 302, IPC and sentenced him to imprisonment for life. the appeal preferred by the accused was allowed by the High Court and his conviction and sentence was set aside.