ANGATHAMMA Vs. STATE

JUDGEMENT

(1.) THESE two Appeals are directed against the Judgment dated 08. 05. 1998 passed in S. C. No. 63/1994 passed by the Additional sessions Judge, Mandya, convicting A. 1 and 2 for the offences punishable under Section 302 read with Section 34 I. P. C. , and acquitting A. 3 of the offence punishable under Section 302 I. P. C. While the first Appeal is filed by accused 1 and 2 against the judgment of conviction and sentence, the second Appeal is filed by the state against the Order of acquittal of A. 3 of the alleged offence.

(2.) A few facts, which are necessary for disposal of these twoappeals, are as follows: a. 1 is the daughter of A. 2. it is alleged that A. 3 is the paramour of A. 1. Deceased Mahadeshwara was the husband of A. 1. They were all stone cutters residing in a hut built on a rock near Kaveripura village in Pandavapura Taluk. It is the case of the Prosecution that a. 3 used to visit the hut of A. 1 and A. 2 and they used to feed him. This was objected by the deceased. In fact, this was intimated to his community people suspecting illicit relationship of his wife with a. 3. His community people advised both A. 1 and A. 3 not to continue this practice. In this background, it is alleged that on 01. 12. 1993 at about 6. 00 P. M. , when the deceased was sleeping in his hut, A. 1 to a. 3 poured Kerosene upon him and set fire to him with the common intention of killing him. Deceased, who sustained burn injuries came out of the hut. Neighbours, including P. Ws. 3, 6, 10, 11 and others, put oft the fire with the help of Gunny Bag and shifted him in a lorry to the K. R. Hospital, Mysore. P. W. 5 - Dr. Indumathi, was the casualty Medical Officer at K. R. Hospital. At 9. 30 PM. , the injured mahadeshwara was brought by one Shivappa and others with the history of burn injuries. The injured was conscious and was talking and he gave the history of burns which he had sustained and he told the Doctor that his wife Angathamma-A. 1, and his mother-in-law Ayyathamma- A. 2, burnt him when he was sleeping at 6. 00 PM. , in his hut. His statement was reduced to writing in the Accident register-Ex. P. 4, and the relevant entry is found at Ex. P. 4 (a ). P. W. 5 then sent a Memo-Ex. P. 3 to the K. R. Hospital Police. A wireless message was sent to the jurisdictional Police, i. e. , to the K. R. Sagar police Station, Mysore P. W. 12- Sub-Inspector of Police of K. R. Sagar police Station, deputed a Police Constable to go to the Hospital, and to collect that Memo and the said constable brought the Memo at 10 A. M. Thereafter, PW. 12 deputed the Head Constable-P. W. 4, to record the statement of the injured, who accordingly recorded the statement as per Ex. P. 1. P. W. 12 registered a criminal case in Crime no. 137/1993 on the basis of Ex. P. 1 and submitted the F. I. R. to the jurisdictional Court. On the same night, he received the intimation of the death of the injured. He, therefore, issued an altered F. I. R. He then deputed Puttaswamy - P. W. 13 to conduct the inquest proceedings, who held inquest over the dead body of Mahadeshwara as per Ex. P. 7. Thereafter, P. W. 12 visited the place of incident- hut of the deceased and drew up a spot Mahazar in the presence of panchas as per Ex. P. 6. He also recorded the statement of some witnesses. Further investigation was taken over by P. W. 12, who after completing the formalities of the investigation, laid a charge sheet against the accused persons.

(3.) THE accused were charged and tried for the offence punishableunder Sections 302 read with 34 I. P. C. The charge against all the three accused was that with the common intention of committing murder of Mahadeshwara, on 1. 12. 1993, at about 6. 00 P. M. , in the hut of the deceased, poured Kerosene upon the deceased who was sleeping and set fire to him and caused 95% burns. In proof of the charge against the accused, the prosecution has examined 14 witnesses and got marked the documents and material objects, which are fully listed in the Annexure to the impugned Judgment.