NINGAPPA Vs. STATE

JUDGEMENT

(1.) This appeal is preferred by the appellant-accused seeking intervention of this Court in the judgment of conviction and order of sentence passed by the II-Addl. Sessions Judge, Raichur in S.C.No.21/2013 dated 24.08.2013.

(2.) Brief facts of the case of the prosecution are that, the accused got married with deceased and about four years they led cordial marital life. Thereafter, accused started ill-treating, harassing and abusing the deceased by stating that she is not good looking and she don't know to prepare the food; he had also expressed that it is not possible for him to lead marital life with her and was asking her to die so that it would be convenient for him to go for second marriage. In that light, on 17.09.2012 at about 6.00 a.m. when the deceased Hulgemma was sleeping in her hut, the accused started waking her up by hurling with abusive words and also assaulted her with hands and in order to kill her, he poured the kerosene on her and lit the fire. As a result of the same, she suffered burn injuries and immediately she was taken to Government Hospital and subsequently she succumbed to the injuries. On the basis of the complaint, a case has been registered in Crime No.184/2012 and after investigation, charge sheet was came to be filed.

(3.) On filing of the charge sheet, the learned Magistrate took the cognizance and secured the presence of the accused. After complying the provisions of Section 207 of Cr.P.C. has committed the case to the Prl. Sessions Court, Raichur. Thereafter, the learned Prl. Sessions Court has registered the case in S.C.No.21/2013 and made over the case to the Fast Track Court, Raichur and the said Court after securing the presence of the accused has framed the charge for the offences punishable under Sections 498-A and 302 of IPC. The accused pleaded not guilty and he claimed to be tried. In the meantime, the FTC, Raichur came to be closed. Hence, this case along with other cases pending on its file were withdrawn and made over to the II-Addl. Dist. and Sessions Court, Raichur for trial and disposal and as such, the trial was fixed.