MOHD. RIYAZ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal has been preferred by the appellant- accused No.1 challenging the judgment of conviction and order of sentence passed by the Principal District and Sessions Judge, Bidar in S.C.No.79/2013 dated 05.04.2014.

(2.) We have heard the learned counsel Sri Iswaraj S. Chowdapur for the appellant-accused No.1 and the learned Additional State Public Prosecutor Sri Prakash Yeli for the respondent-State.

(3.) The gist of the case of the prosecution in brief is that Smt. Shaheen Begum is the wife of accused No.1. They have begotten three children out of the said wedlock. She has been looked after well, by her husband and in-laws for about one year after her marriage. Thereafter they started harassing and used to assault and thereby they used to cause cruelty. Accused No.1 was in the habit of consuming alcohol. Because of difference of opinion they have set up a separate house at Zaheerabad. Often her mother-in-law used to visit and she used to quarrel with her. Accused No.1 used to abuse after consuming the alcohol. He used to allege that she does not know to prepare food properly and not attending the work in the field to earn the money. Even the parents of the deceased also advised the accused No.1 and in-laws. It is further allegation that accused No.1 started torturing her by contending that if she dies he can take a second marriage. Accused No.2 on 12.07.2012 approached the deceased and told that the cheque under the scheme of Bhagyalaxmi bond is ready and hence she called them to village to get bond. When along with her husband and children she came to the village, on the same night her husband-accused No.1 on the evil advise of his mother accused No.2 at about 1.00 a.m. assaulted her and the same was informed to her father on 13.07.2012 at 11.00 a.m. They came and advised the accused No.1 and the mother-in-law. On 19.07.2012 during night hours accused quarreled with the deceased and twisted her left leg. Again on 20.07.2012 at about 9.30 a.m. accused Nos.1 and 2 abused her and challenged her that what her parents will do if they treat her cruelly. They also slapped her. Thereafter poured kerosene by stating that they will finish her and not to spare her anymore, set her ablaze. She had suffered with burn injuries and immediately she has been shifted by securing 108 ambulance. Subsequently after receiving the MLC report the PSI visited the hospital and recorded the statement of the injured and registered the case in Crime No.119/2012. After investigation, the charge sheet was filed.