BASAWARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant-accused is seeking the intervention of this Court in the judgment of conviction and order of sentence passed by the IV Additional Sessions Judge, Gulbarga in S.C.No.84/2011 dated 27.02.2013.

(2.) We have heard Sri Iswaraj S. Chowdapur, learned counsel for the appellant-accused and Sri Prakash Yeli, learned Additional State Public Prosecutor for the respondent - State.

(3.) The factual matrix of the case are that the marriage of Dattamma daughter of Hanamantha was performed about five years ago. At the time of marriage, her parents had given one tola of gold as a dowry. Thereafter accused looked after the said Dattamma very well for about one year. Later on, accused started subjecting Dattamma to cruelty contending that she does not know cooking and she is not going to coolie work and the dowry which was given to him at the time of marriage has been spent only towards family expenses and he used to insist her to bring cash and gold from her parents house. In that light, accused was subjecting her to both physical and mental cruelty. The said fact used to be told by the daughter of Hanamantha whenever she used to visit the parental house. In that light, the parents took elderly persons to the house of the accused and advised him and paid a sum of Rs.5,000/-. Inspite of the said payment, accused continued the physical and mental cruelty to the daughter of the complainant Hanamantha. In the year 2010 the daughter of the complainant came for Deepawali festival and at that time also she informed about the physical and mental cruelty by the accused. After Deepawali festival she came to her matrimonial home without taking any gold or money. Again accused continued the said cruelty and harassment and on 15.12.2010 at about 9.00 a.m. accused with an intention to commit the murder of Dattamma, poured kerosene and lit fire. Dattamma started screaming. On hearing the screaming voice, neighbours rushed to the place of incident and doused the fire and took her to Basaveshwara Hospital, Gulbarga and got admitted there. It is the further case of the prosecution that after receipt of the information of the burn injuries sustained by Dattamma, the father-complainant along with his family members visited the hospital and police also came to the said place. On 16.12.2010 the father - complainant filed the complaint. On the basis of the said complaint a case has been registered in Crime No.136/2010. After investigation, the charge sheet was laid as against the accused.