SHAKUNTHALAMMA Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by the accused challenging the judgment dated 4.11.04 passed by the Presiding Officer, Fast Track Court (Sessions) Judge III Bangalore city in S.C. No.546/03 convicting her for the offence under Sec. 307, IPC and sentencing her to undergo for rigorous imprisonment for 5 years and to pay a fine of Rs. 10,000/- in default of payment of fine to undergo further simple imprisonment for 15 months.

(2.) The case of the prosecution is that on 13.8.02 at about 2.15 p.m., at House No.14, Cholanayakanahalli, Sunrise colony, Bangalore, within the limits of Hebbal Police Station, the accused with an intention to commit the murder of CW-2 Rathna called her to her house on the pretext of untying the rice bag and when the injured went inside the house of the accused, latter poured the boiling oil on her back and caused severe burn injuries with an intention or knowledge that if by that act, she has caused the murder of CW-2, she would have been guilty of murder thereby she is alleged to have committed an offence under Sec. 307, IPC.

(3.) The prosecution in order to prove the case has examined in ail eight witnesses and got marked Exs.Pl to P12 and produced MOs. 1 to 5. The defence of the accused was one of total denial. However, by the impugned judgment, the learned Sessions Judge was pleased to hold the accused guilty and convicted and sentenced her as herein before mentioned. The convicted accused has filed this appeal.