HANUMANTHARAYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence rendered by the IV Addl. District and Sessions Judge, Madhugiri S.C.No.81/2013 dtd. 17/10/2016, thereby convicting the accused for the offences punishable under Sec. 302 IPC, 1860. The appellant in this appeal is seeking intervention to consider the grounds urged in this appeal and consequently to set aside the judgment of conviction rendered by the trial court for the offence under Sec. 302 IPC and to acquit the accused from the offence that he was charged.

(2.) Heard the learned counsel Sri.Erappa Reddy M for the appellant/accused and the learned Additional SPP for the State. Perused the judgment of conviction and order of sentence rendered by the trial court in S.C.No.81/2013. The said judgment of conviction rendered by the trial Court in S.C.No.81/2013 consists of the evidence of PWs.1 to 18 and Ex.P1 to 17 inclusive of MOs.1 to 7 and photographs of the deceased at Ex.D1.

(3.) The factual matrix of the appeal is as under: It transpires from the case of the prosecution that appellant who is arraigned as accused was having an illicit relationship with the deceased - Kuppamma who was deserted from her husband Murugesh, since many years. Accused is alleged to have pledged gold jewellery belonging to the deceased and when the deceased asked him to get it released, some tussle took place in between the accused and deceased. However, since the deceased was pestering him to get it released at the earliest, accused decided to eliminate her. As a result, he doused kerosene over her person and set her ablaze. Due to that she sustained burn injuries and was taken to hospital for treatment but did not survive. Consequently, she died on 31/12/2012 at around 2.20 a.m. in the night hours. Based upon her statement at Ex.P13, criminal law was set into motion by registering FIR at Ex.P23 for the offences punishable under Sec. 302 of IPC. The incident took place on 27/12/2012 at around 10.00 p.m. in the house of the deceased - Kuppamma since she had asked the accused to return the jewellery which was pledged by him in Muthoot Finance Company. As a result of that accused who is paramour of the deceased - Kuppamma, assaulted her and doused kerosene on her and set her ablaze. Due to that she sustained burn injuries and succumbed to burn injuries at Victoria Hospital, Bangaluru on 31/12/2012 at around 2.20 a.m. in the night hours.