M RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the /earned additional City Civil and Sessions Judge, Bangalore, dated

(2.) 06. 1998 in S. C. No. 342 of 1996 on his file. By the impugnedjudgment, the learned Sessions Judge convicted the accused for the offence punishable under Section 302 I. P. C. , and sentenced him to undergo rigorous imprisonment for life and also to pay a fine of rs. 5000a, in default to pay. the said fine, to undergo rigorous imprisonment for six months. 2. The case of the Prosecution as disclosed from the judgment of the Trial Court, in brief, is as follows; deceased Lakshmamma was earlier married to P. W. 7-Krishnappa and she gave birth to two daughters - Padma and Nagamani, aged 19 and 16 years respectively. He deserted her 20 years prior to the date of her death due to some differences, The accused who came in contact with her, married her on a false statement that he was unmarried. However, she lived with him till her death. As the accused was not looking after the family, she was maintaining the family by working as a maid servant. The Accused was working as a driver. It is the further case of the Prosecution that on 3,2. 1996, at about 8. 30. P. M. , accused came home and paid some amount from the salary for the family maintenance. Since the amount paid by him was very small, deceased-Lakshmamma asked him as to why he was paying very less amount, and a quarrel ensued between them. The daughters of the deceased-Lakshmamma were not present in the house at that time. Father of deceased -P. W. 2, who was getting himself prepared to sleep outside the house, heard the quarrel and the bawling of his daughter. He went inside the house and found that the accused poured kerosene upon his daughter and lit fire to her as a result of which she sustained burn injuries. Since there was no help from the neighbours, he took her to the house of C. W, 12-Devamma- sister of the deceased, where P. W. 4-Boregowda @ raju, was present. P. W. 2 informed them of the incident. Thereafter, p. W. 4 Raju and C. W. 12-Devamma took the injured Lakshmamma to victoria Hospital, where she was admitted to Burns Ward. P. W. 9 m. K. Uttappa, who was the PSl of Byatarayanapura Police Station, directed P. W. 8- Muniyetlappa, A. S. I. , at about 6. 00 P. M, to go to the victoria Hospital, where Lakshmamma was admitted with burn injuries, to record her statement. P. W. 8 - Muniyellappa and constable-C. W. 23, went to Victoria Hospital, met P. W. 12 - Dr. Thrishula, and recorded the statement of the injured Lakshmamma in the presence of the Doctor-P. W. 12. P. W, 8 came back to the Police Station, and gave the statement of Lakshmamma to P. W. 9. On the basis of the said statement, P. W. 9- M. K. Uttappa registered a Criminal case in crime No. 57/1996 against the accused, for the offence punishable under Section 307 of i. P. C. , and submitted the F. I. R. to the Court. P. W. 9 recorded the statements of C. Ws. 12, 14, P. Ws. 2 and 4 on the same day. On the next day, he visited the place of incident, namely the house of the accused and drew up a Spot Mahazar as in Ex. P. 3, and seized the burnt cotton, bed clothing, a plastic can along with its iid, a broken match box under the said Mahazar, in the presence of witnesses. He received a death Memo on 7. 2. 1996, and therefore, he altered the offence to one punishable under Section 302 I. P. C. , and submitted the altered F. I. R. , to the Court. On 8. 2. 1996, he conducted inquest proceedings as in Ex. P. 4 and recorded the statements of blood relatives of the deceased. P. W. 10-K. Ramesh babu the police Inspector of the Byatarayanapura Police Station, took up further investigation on 8. 2. 1996. On the same day, the accused was produced before him at 6. 10 P. M. He arrested the accused, and found that accused had sustained burn injury on his hand, and therefore, he was sent to the Hospital for treatment. P. W. 11-Dr. B. Sadashiva Murthy, who was working as the Head of the department of Plastic Surgery at Victoria Hospital, examined the accused on 9. 2. 1996 and found burn injury on his right hand, which was aged about a week. P. W. 11 issued a Wound Certificate as per ex. P. 10. After completing the formalities of investigation, P. W. 10-K. Ramesh Babu submitted the charge sheet against the accused for the said offence.

(3.) THE learned Magistrate before whom the charge sheet is laid,after following the formalities of the provisions of Section 207 of the code of Criminal Procedure, committed the accused to the City Civil and Sessions Court, Bangalore, as the offence under Section 302 ipc is exclusively triable by the Court of Sessions.