STATE OF KARNATAKA Vs. SRI SANNEGOWDA AND OTHERS

JUDGEMENT

(1.) THE State has filed this appeal against the judgment of acquittal of respondents 1 to 3 (arrayed as accused 2 to 4) for offences punishable under Sections 341 and 302 read with 34 I.PC. The first information was registered against accused 1 to 4. After investigation, charge sheet was submitted against accused 1 to 4 for aforestated offences. When the case was pending committal accused No. 1 died. Therefore, the case was committed against accused 2 to 4 and they faced trial for aforestated offences and were acquitted of the said offences.

(2.) WE have heard Sri P.M. Nawaz, learned Additional State Public Prosecutor and Sri A.H. Bhagavan, learned Counsel for accused.

(3.) IT is the case of the prosecution that on 22.10.2001 at about 6.00 p.m., deceased Hema was in her house, accused 1 to 4 with the common intention tress passed into the house of Hema, splashed kerosene and set her on fire and fled away from that place. The mother -in -law and neighbours came to her rescue and extinguished fire and shifted her to Government Hospital at Malavalli, wherein she was treated by P.W. 9, Dr. Maradesh. On the basis of Medico Legal Report sent by P.W. 9, P.W. 15, B.K. Basavarajaiah ASI of Malavalli Police Station came to the Government Hospital and recorded the statement of Hema as per Ex.P -8. Thereafter, she was shifted and admitted in K.R. Hospital at Mysore. On the following day, at about 7.00 a.m. she died due to burn injuries and the cause of death is shown as hypovolmic shock. Thereafter, the second report was lodged and an offence under Section 302 IPC was included. The Investigating Officer held inquest on the dead body. The dead body was subjected to postmortem examination. The Investigating Officer visited the place of incident and prepared spot inspection report, recorded the statements of witnesses and sent the incriminating articles to F.S.L. On completion of investigation, charge sheet was filed against accused 1 to 4 for the aforestated offences. The charge sheet was filed against accused 1. to 4. Accused No. 1 died on 14.11.2001. Therefore, accused 2 to 4 were committed to the Court of Sessions.