AMEENABI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants/accused Nos.1 and 2 have preferred this appeal, aggrieved by the impugned judgment of conviction dated 31.05.2017 and order of sentence dated 01.06.2017 passed by the learned Principal District and Sessions Court at Gadag ('trial Court' for short) in S.C.No.4/2009, convicting them for the offences punishable under Sections 498-A and 302 read with Section 34 of IPC and sentencing them to undergo imprisonment for life and to pay fine with default sentence.

(2.) We have heard the learned advocate Sri.T.B.Patil for the appellants/accused through video conference and learned Addl. SPP Sri.V. M. Banakar for the respondent-State.

(3.) The brief facts of the case of the prosecution is that; the statement of Mrs.Raziyabegum was recorded on 06.03.2005, who stated that on 05.03.2005 at 5.45 pm, she was preparing food in the kitchen and at that time, suspecting her fidelity and with an intention to cause her death, accused No.2-her brother-in-law poured kerosene on her, accused No.1-her mother-in-law lit fire by using the firewood in the kitchen and also pushed her towards the hearth, as a result of which, she caught fire all over the body. When she tried to escape, accused No.3, another brother-in-law of the victim prevented her from going out of the house by closing the door. However, the victim who could not tolerate the heat, jumped into the water tank and raised hue and cry. On hearing the same, the neighbors came and rescued her. Since she had sustained burn injuries, she was shifted to PHC, Laxmeshwar, where she was given first aid treatment and thereafter referred to KIMS, Hubballi. Since the medical officer treating the injured opined that the victim was not in a position to give statement, her statement was not recorded immediately on the same day. On 06.03.2005, the statement of the injured was recorded. On the basis of this statement of the injured FIR was registered against accused Nos.1 to 3.