ILLYASAHAMAD Vs. STATE OF KARANTAKA

JUDGEMENT

(1.) Present appeal by the appellant-accused No.1 being aggrieved by the judgment and order dtd. 7/1/2020 passed in S.C. No.32/2016 on the file of the II Addl. District and Sessions Judge, Haveri, sitting at Ranebennur (hereinafter referred to as "trial Court" for short) by which acquitting accused No.3, the trial Court convicted appellant-accused No.1 for the offences punishable under Ss. 323 , 498A , 302 and 504 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as " IPC " for short) and sentenced him;

(2.) The case of the prosecution is that the accused No.1 is the husband and accused Nos.2 and 3 are the parents- in-law of deceased-Sahera Banu. The marriage of accused No.1 and deceased-Sahera Banu was solemnized about four years prior to the date of the incident at Chikkerur Village. Accused No.1 and the deceased initially lived happily for a period of six months. Thereafter, the accused persons started to harass the deceased with abusive and filthy language and also suspecting her fidelity. Accused No.1 and the deceased started to live separately. That on 6/12/2005 at about 05:00 p.m., accused No.1 demanded money for consumption of alcohol. On refusal by the deceased, the accused No.1 abused and assaulted her. At about 08:00 p.m., on the same day, accused No.1 again picked up quarrel with the deceased and poured kerosene and set her ablaze with an intention to kill her. The deceased was admitted to C.G.Hospital, Davanagere and later on 12/12/2015 she succumbed to the injuries. After the investigation, the Police filed the charge sheet against the accused persons for the offences punishable under Ss. 323 , 498A , 302 and 504 read with Sec. 34 of IPC. The prosecution examined 29 witnesses as PW1 to PW29 and marked 41 documents as Exs.P1 to P41 and produced four material objects as MO1 to MO4.

(3.) Accused No.2 stated to have passed away during the pendency of the matter. The proceeding against him stood abated. Statement of accused Nos.1 and 3 under Sec. 313 of Cr.P.C. was recorded in which they denied the incriminating evidence produced against them. The accused examined one Dr.Seetharam, Chigateri Hospital, Davanagere as DW1 and produced two documents marked as Exs.D1 and D2. The trial Court after appreciation of evidence, by the impugned judgment and order, acquitted accused No.3 and convicted and sentenced accused No.1 to undergo the imprisonment as above.