AMEERJAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant is convicted accused in Sessions Case No. 4 of 2000, by the Additional Sessions Court, Chickmagalur, vide judgment dated 7-5-2001 for the offence under Section 302 of the IPC.

(2.) THE brief facts leading to this appeal are as follows : smt. Shahina (deceased) was married to the accused about 25 years prior to the incident in question. The accused led married life with the deceased Shahina for about 5 to 6 years. However, thereafter i. e. , about 20 years back, the accused all of a sudden disappeared leaving deceased alone. The marriage of said Shahina was again performed with one basha Sab and out of the said wedlock, P. W. 13-Habeeb was born. After some time, the said Basha Sab also disappeared leaving Shahina and p. W. 13-Habeeb. Thus, Shahina and Habeeb continued to live at Lakkavalli Village. About 5 years prior to the incident in question, the accused who is the first husband of Shahina came back to Lakkavalli village remarried Shahina in the year 1994 in the presence of Muthuvalli (P. W. 15 ). Thereafter, Habeeb (P. W. 13) started residing in the house of his Junior Aunt Kairunnisa.

(3.) THE accused and deceased took a house on lease from P. W. 1 Kasaiah at Lakkavalli. The accused used to tease and abuse the deceased in a filthy language and harass her both physically and mentally on the allegation that she did not bear good moral conduct. He started suspecting fidelity of the deceased. On prior day to the incident, i. e, on 25-9-1999, the accused came to the house at about 7. 00 p. m. and again started quarrelling with the deceased suspecting her fidelity. On the early morning of 26-9-1999 at about 5. 00 a. m. he got up and after quarrelling with the deceased Shahina, accused gagged the mouth of deceased, tied both her hands with the help of her saree, poured kerosene on her and set her on fire. After hearing the cries of Shahina, P. Ws. 1 and 11 came to the house of the accused and opened the door. The accused came out of the house and ran way from scene on seeing P. Ws. 1, 11 and others. P. W. 1 entered the house and saw the deceased being burnt severely. P. Ws. 1, 2, 11 and others splashed water on the deceased and extinguished fire. P. Ws. 2, 3, 11 and 13 shifted the injured Shahina in a bullock cart to Primary Health Centre at Lakkavalli. Doctor-P. W. 18 gave first-aid to said Shahina and sent intimation to Lakkavalli police. P. W. 21-Station House Officer, Lakkavalli Police Station, came to the Primary Health Centre, Lakkavalli and recorded statement of Sha-hina as per Ex. P. 15. On the basis of the same, P. W. 21 registered a case in Crime No. 106 of 1999, for the offence punishable under Section 307 of the IPC at about 9. 00 a. m. , and sent FIR to the Jurisdictional magistrate as per Ex. P. 16. The said FIR reached the Jurisdictional magistrate at about 1. 05 p. m. on 26-9-1999. As the injured Shahina needed higher treatment immediately, she was shifted to Mc. Gann hospital, Shimoga. While she was under treatment at Mc Gann Hospital, Shimoga, her statement as per Ex. P. 5 was recorded on 4-10-1999. The said Shahina succumbed to the injuries sustained by her on 18-10-1999 in the said hospital. After completion of investigation, the Inspector of police-P. W. 23 filed investigation report against the accused for the offence punishable under Section 302 of the IPC.