STATE OF KARNATA Vs. KISHORE

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment of acquittal dtd. 4/1/2013 passed in S.C No. 279/2010 by the I Addl. Sessions Judge, Gulbarga, whereby the learned Sessions Judge has acquitted the accused/respondent herein for the offences punishable under Ss. 498-A, 302, 504 and 506 of IPC and Ss. 3 and 4 of Dowry Prohibition Act.

(2.) The brief facts leading to the case are that, the accused is the husband of deceased Shilpa. That the marriage of deceased and accused-respondent was performed one year prior to her death and during the marriage one tola gold and amount of Rs.50,000.00 was given to accused as gift. That the accused was working as car driver at Hyderabad and after the marriage the deceased went to the house of her husband situated in Jilwarsha village and she was staying there along with her husband and her mother- in-law. Few days after the marriage, the accused started suspecting her fidelity and she has also brought it to the notice of her mother. The accused had sold the gold and spent the cash given in the marriage to meet his bad vices. That three months prior to the incident, the accused returned to Jilwarsha village from Hyderabad and started staying there itself. He used to ill-treat the deceased with a demand to bring money from her parents house. It is also the case of the prosecution that on one occasion an amount of Rs.7,000.00 was paid, which was also spent by accused to meet his bad vices. It is alleged that on 2/5/2010, afternoon the accused and deceased were in the house and accused started abusing the deceased in filthy language with a demand to bring money from her parents house. When the deceased asked the accused not to abuse her, the accused suddenly took kerosene oil can lying nearby and poured kerosene on her body and ignited a match stick and set her on fire. Then the deceased came out of the house crying and it was raining at that time. The incident occurred between 2.00 to 2.30 p.m. and then the accused along with Kamalabai took her to Konchavaram Hospital in an ambulance. It is also alleged by the prosecution that on the way to the hospital, the accused asked the deceased to give statement before the doctor that she caught fire accidentally while she was filling kerosene in chimney, failing which, she will not be admitted in the hospital for treatment. Accordingly, in the hospital, she has given statement before the concerned doctor and police. Later on, in the evening she was shifted to District Hospital, Bidar and MLC was sent to District Hospital, wherein the then Executive Magistrate visited the spot and recorded her statement. In the statement the accused was implicated alleging that he set her on fire. Later on, the SHO has also visited the hospital and recorded the statement of deceased and registered it as complaint. On the basis of the said complainant, the case was registered in Konchavaram Police Station in Crime No.27/2010, for the offences punishable under Ss. 498-A, 307, 504 and 506 of IPC and Ss. 3 and 4 of Dowry Prohibition Act. During the treatment, on 25/10/2010, the injured Shilpa succumbed in the hospital because of the injuries suffered by her while undergoing treatment in the Government Hospital. Then, the Investigating Officer has submitted requisition to incorporate the offence punishable under Sec. 304-B of IPC and subsequently after completing the investigation, charge sheet came to be submitted for the offence punishable under Ss. 498-A, 302, 504 and 506 of IPC and Ss. 3 and 4 of Dowry Prohibition Act. The accused was arrested on 5/5/2010 and remanded to judicial custody.

(3.) After submission of the charge sheet, the learned Magistrate has taken cognizance and he has also furnished the copies of the prosecution papers to the counsel appearing for accused under Sec. 207 of Cr.P.C. Then, he has committed the matter to the Sessions Court by exercising his powers under Sec. 209 of Cr.P.C., and matter was placed before the I Addl. District and Sessions Judge, Gulbarga. The matter came to be registered in S.C.No.279/2010 on the file of the I Addl. Sessions Court, Gulbarga.