RAJIYA SULTHANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by accused Nos.1 to 4 challenging the judgment of conviction and order of sentence dated 23.3.2015 passed in S.C.No.106/2013 by the Principal District and Sessions Judge, Tumakuru whereunder they came to be tried for the offences punishable under Sections 302, 114 r/w.34 of IPC and convicted for the same and accused No.1 came to be sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000/- for the offence punishable under Section 302 IPC and accused Nos.2 to 4 came to be sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000/- each of the offence punishable under Section 109 read with Section 114 IPC.

(2.) The gist of the prosecution case is, on 24.6.2012 at about 4.00 P.M. deceased Wahid Pasha, husband of accused No.1, after attending marriage of his cousin sister, had returned home and was sleeping on a rice bag and at that point of time, accused persons had abused him for having attended the marriage of his cousin sister and accused Nos.2 to 4 had instigated accused No.1 to kill her husband Sri Wahid Pasha and as such, accused No.1 poured kerosene on him and set him on fire. It was further alleged that on 24.6.2012 deceased was admitted to the District Hospital, Tumakuru and after being administered first aid was shifted to Victoria Hospital, where he died on 27.6.2012 at about 4.00 P.M. Hence, it was alleged that accused persons in furtherance of their common intention had committed the offence punishable under Sections 302, 114 r/w 34 of IPC. It was alleged by the prosecution that parents of accused No.1, viz. accused Nos.2 and 3 and her brother-accused No.4 have abetted accused No.1 to commit the murder of her husband-Wahid Pasha.

(3.) We have heard the arguments of Sri.Hashmath Pasha, learned Senior Counsel appearing on behalf of M/s.Hashmath Pasha and Associates and Sri.Vijay Kumar Majage, learned Additional SPP appearing for the State.