BORAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Assailing the judgment of conviction and order of sentence dated 06.08.2011 passed by the learned 5th Addl. Sessions Judge, Belgaum, in S.C. No. 12/2009 for the offence u/s 306 of IPC, the appellant-accused is before this Court.

(2.) I have heard the learned counsel for the appellant Sri S.H. Mitthalkod and the learned Addl. SPP for the respondent-State Sri V.M. Banakar.

(3.) Pw19-Marulasiddappa, PSI of Gokak Police Station received a telephonic call from Govt. Hospital, Gokak, regarding admission of injured Smt. Asharani into the hospital. Immediately he rushed to the Hospital and secured the opinion of the Doctor on duty regarding her mental condition to give her statement. Thereafter, the statement of Asharani was recorded and a case has been registered in Crime No.129/2008. The contents of the complaint discloses that, on 29.04.2008 the said injured Asharani along with her classmates and teachers had been to excursion and they came back on 04.05.2008. It is further alleged that, since two months the accused-appellant was teasing her by seeing and also used to ill treat. Hence, he also had been to the excursion and he also threatened her. Because of the said act, on 05.05.2008 at about 2.45 a.m. she went to the kitchen of the hostel poured kerosene upon herself and lit fire and as a result of the same she made hue and cry. The watchman and the other inmates of the hostel came and doused the fire and got her admitted in the hospital. Thereafter, upon conclusion of the investigation charge sheet has been filed.