HANUMANTHAPPA Vs. STATE

JUDGEMENT

(1.) The accused who was in live in relationship with the deceased, filed the present Criminal Appeal against the judgment of conviction and order of sentence dated 16.10.2015 made in S.C.No.148/2014 on the file of the II Additional District and Sessions Judge, Davanagere, convicting the accused for the offences punishable under Sections 323, 504 and 302 of the Indian Penal Code.

(2.) It is the case of the prosecution that the marriage of the deceased-Karibasamma was solemnized with one Vijayakumar of Doddabathi village about 13 years prior to the incident. Out of the wed lock, two male children were born. The husband of Karibasamma died 5 years prior to the date of the incident. Since 1 years prior to the incident, accused-Hanumanthappa started to live with deceased Karibasamma along with two children, in her house situated at Doddabathi. When things stood thus, the accused started to suspect the chastity of Karibasamma, whenever she used to converse with somebody over her mobile phone and in this connection, there were frequent quarrels between them. Accused used to abuse Karibasamma in filthy language and used to assault her with his hands and legs. On 19.08.2014, at about 1.00 pm, accused picked up quarrel with Karibasamma suspecting her chastity, abused and assaulted her and further, with an intention to commit her murder, poured kerosene on her body and set fire and caused severe burn injuries all over her body. Later, accused admitted her to CG Hospital, Davanagere, for treatment, where, she succumbed to the burn injuries at 7.00 pm on 28.08.2014.

(3.) Based on the statement of the victim as per Ex.P.11, the jurisdictional police registered a case in Crime No.289/2014 for the offences punishable under Sections 323, 498A, 307 and 504 of the Indian Penal Code at the first instance. However, after the death of Karibasamma on 28.08.2014, Police invoked offence under section 302 of Indian Penal Code. After completion of the investigation, Charge Sheet was filed against the accused for the offences punishable under Sections 323, 504, 497 and 302 of the Indian Penal Code. After committal of the case to the Sessions Court, learned Sessions Judge framed the Charge against the accused for the offence punishable under Sections 504, 323 and 302 of the Indian Penal Code, read over and explained in the language known to the accused who pleaded not guilty and claimed to be tried.