SYED SADATH Vs. STATE

JUDGEMENT

(1.) The appellant/accused has filed this appeal challenging the judgment of conviction and order of sentence passed in S.C. No. 58/2014 dtd. 19/7/2016 passed by the II Additional District and Sessions Court, Shivamogga whereunder the appellant/accused was held guilty for the offence punishable under Ss. 498-A and 302 of IPC and sentenced to undergo simple imprisonment for a period of 3 years and to pay fine of Rs.5,000.00 for the offence punishable under Sec. 498-A of IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.20,000.00 for the offence punishable under Sec. 302 of IPC.

(2.) The gist of the prosecution case is that the accused and the deceased were husband and wife who got married about a year back to the death of the deceased. The accused and the deceased were residing in the house belonging to C.W.10 - aunt of the deceased situated at Udugani village. 2 - 3 months after marriage, the accused became addicted to alcohol and used to come home daily by consuming alcohol and quarrel with the deceased and assault her. The deceased who could not tolerate the harassment given by the accused had been to her mother's house 2 months prior to Ramzaan festival and thereafter on the advice of elders in a panchayat convened in this regard came back to the house of the accused. The accused continued the same harassment to the deceased. On 12/11/2013 at about 08.00 pm in the house of the accused and the deceased situated at Udugani village, deceased demanded Rs.100.00 from the accused to pay interest to the loan raised by pledging her gold ornaments. The accused refused to pay the same and thereby the deceased abused the accused as to why he has married her if he could not pay Rs.100.00 demanded by his wife. The accused got enraged and with an intention to kill the deceased poured kerosene brought by him and set fire to the deceased who sustained burn injuries. The deceased was taken to the hospital where her statement came to be recorded as per Ex.P.6 on 13/11/2013 and on the basis of the said statement case came to be registered against the appellant/accused for the offence punishable under Sec. 498-A and 307 of IPC. Thereafter, the deceased was shifted to Mc.Gann Hospital, Shivamogga, where she died on 19/11/2013 at 03.30 am. The Investigating Officer after completing investigation filed charge sheet against the accused for the offence punishable under Ss. 498-A and 302 IPC. The Sessions Court framed charges for the aforesaid offences and the accused pleaded not guilty and claimed trial. The prosecution in order to prove its case examined 16 witnesses and got marked 22 documents and 8 material objects were marked. The accused was examined under Sec. 313 of Cr.P.C. wherein he has denied all the incriminating evidence against him and submitted that he has no defence evidence. The Sessions Court, after hearing arguments on both sides, by judgment dtd. 19/7/2016 convicted the appellant/accused for the offences punishable under Ss. 498-A and 302 of IPC. The said judgment is challenged in the present appeal.

(3.) Heard arguments of Sri. Madhukar Nadig, learned counsel appearing for the appellant/accused and Sri. Vijayakumar Majage, learned Additional SPP appearing for the State and perused the material on record.