MUNIKRISHNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The sole accused who was charged for the offence punishable under Section 302 of IPC has preferred this appeal under Section 374 Cr.P.C. against the judgment of conviction and sentence passed in S.C.No. 207/07 on the file of the Presiding Officer, FTC-II, Bangalore Rural District.

(2.) The relevant facts leading to the filing of this appeal are as follows:- The deceased Shankaramma married the accused about ten years prior to the incident and they had two sons. The accused was in the habit of drinking liquor since from the beginning and he was not working and earning for the family. Therefore, deceased Shankaramma was maintaining the family by doing tailoring work. The accused was always insisting his wife to give money for drinking liquor and he used to beat her whenever she refused to give him money. On 28.1.2007 at 11.30 a.m. the accused again asked the deceased to give money for drinking liquor. When she stated that she does not have money, the accused assaulted the deceased. Therefore, in order to pose a threat to the accused, the deceased Shankaramma took a kerosene can and poured kerosene on herself and threatened the accused that if he continues ill-treating her, she will commit suicide. Then the accused pushed deceased Shankaramma, who was doused in kerosene on the burning stove stating that ''It is better you die, than living alive''. The deceased Shankaramma suddenly caught fire from the burning stove and sustained severe burn injuries. On seeing Shankaramma in the midst of flames, the accused went away. On hearing the screaming of deceased Shankaramma, the neighbours rushed to the spot and shifted her to Anekal Hospital. From there she was shifted to Victoria Hospital. Bangalore. On the basis of the information given by the Medical Officer. Victoria Hospital, P.W.14-Shivarajaiah, Head Constable attached to Attibele Police Station visited the hospital at about 12.30 P.M. and recorded the dying declaration of Shankaramma in the presence of PW13-Dr.Vijayashree, on the basis of which the case in Crime No. 41/07 was registered for the offence punishable under Section 307 IPC. Subsequently, on 30.1.2007 at 3.25 P.M. the deceased succumbed to the injuries while undergoing treatment. On receipt of death intimation from the hospital authorities, the offence was altered from Section 307 to 302 of IPC. The Investigating Officer- P.W.21 conducted inquest over the dead body of the deceased and thereafter visited the scene of offence and seized M.Os. 1 to 3-plastic can, pump stove and langa. After that the dead body was subjected post mortem. The Medical Officer who conducted post mortem examination over the dead body of the deceased issued Ex.P14-Post mortem report, opined that the death of the deceased was due to septicemia as a result of burn injuries sustained. After completion of investigation, the Inspector of police filed the charge sheet.

(3.) After hearing the learned Public Prosecutor and the counsel for the accused, the trial Court framed charge under Section 302 IPC against the accused. The plea of accused is one of denial.