NEELASING SHARNAPPA HAJERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the arguments of the learned Counsel for the appellant and the learned State Public Prosecutor for the respondent/State and carefully perused the case papers in detail with their assistance.

(2.) The sole accused is the appellant herein. He was tried for having committed the offences under Sections 302 and 498-A of the Indian Penal Code, on the allegation that at about 10.00 p.m. of 2.11.1995, in the house situated in a locality called Rajajinagar in Bijapur Town, wherein the accused and his wife Smt. Prema were residing together as tenant of one Chandusing Hajeri, he poured kerosene and set his wife Smt. Prema on fire while the said Smt. Prema was sleeping on a mattress inside the house, as a result of which she sustained burn injuries on her person and ultimately succumbed to those injuries while undergoing treatment in the hospital at Belgaum on 6.11.1995 and that, further, prior to that incident, the deceased Smt. Prema was being tortured both mentally and physically, by the accused by coercing her to bring cash and gold from her parents.

(3.) The accused had anger towards his wife Smt. Prema for not bringing the cash and the gold from her parents as has been demanded by him. The learned trial Judge convicted the accused for the offence punishable under Section 302 IPC and passed the sentence of life imprisonment against him. The accused has however been acquitted of the offence under Section 498-A IPC. Aggrieved thereby, the convicted accused has preferred this appeal challenging his conviction under Section 302 IPC as well as the sentence passed against him by the trial Court for the offence.