SUMITHRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appellant as the sole accused was tried and later convicted by the I Additional District and Sessions Judge, Kodagu, Madikeri, (hereinafter referred to as 'Trial Court' for brevity), in Sessions Case No. 77/2010, by its judgment of conviction dated 22-01-2014 and order on sentence dated 28-01-2014, for the offence punishable under Section 307 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for brevity) and was sentenced accordingly. It is against the said judgment of conviction and order on sentence, the appellant/accused has preferred this appeal.

(2.) The summary of the case of the prosecution before the Trial Court is that, the accused and the complainant (PW-1) - Sri. B.M. Murthy are the wife and husband. The accused who is the wife was a divorcee with a child and the complainant being younger in age than the accused had married her. The accused knowing that their marriage was not acceptable to the other family members of the complainant and that they were planning to get him again married to some other girl, took the complainant to Madikeri on 20-11-2008 and both of them took a room in a Lodge and on the same night at about 10:30 p.m., she poured petrol on the complainant in the said Gokul Lodge at Madikeri, where they were staying, with an intention to kill him and set fire. Consequently, the complainant sustained burns. However, he was rescued by the room boy of the said Lodge. With the said allegations, the complainant Police had filed a charge sheet against the accused for the offence punishable under Section 307 of IPC, for which she was tried.

(3.) Since the accused pleaded not guilty, in order to prove the allegations made against the accused, the prosecution examined in all ten witnesses from PW-1 to PW-10, got marked documents from Exhibits P-1 to P-14(a) and Material Objects from MO-1 to MO-14.