BALARAM WADDAR Vs. STATE OF KARNATAKA AND ANOTHER

JUDGEMENT

(1.) This appeal is by the appellant challenging the judgement dated 26.05.2007 passed by the District and Sessions Judge, Haveri in S.C.No.47/2005, convicting the appellant for the offences punishable under Sections 498A and 306 of Penal Code and sentencing him to suffer R.I. for a period of three years and to pay fine of 3,000.00 for the offence under Sec. 498A of Penal Code and to suffer R.I. for a period of ten years and to pay fine of 3,000.00 for the offence punishable under Sec. 306 of IPC, while acquitting him for the offence punishable under Sec. 302 of IPC.

(2.) It is the case of the prosecution that the appellant is the husband of the deceased by name Dyamavva. They were married 16 years prior to the incident. It is the case of the prosecution that the appellant was harassing his wife, while they were residing in their house at Shiggaon by suspecting her fidelity and was ill-treating her and was also beating her. Despite the advice by elders, he is alleged to have committed the offence punishable under Sec. 498A of IPC. It is the further case of the prosecution that on 12.01.2005 and earlier, the accused used provocative words against his wife-deceased-Dyamavva, thereby he has committed an offence punishable under Sec. 504 of IPC. It is also alleged that the accused has committed an offence punishable under Sec. 323 of Penal Code by assaulting her and causing bodily hurt to her. It is the further case of the prosecution that on 12.01.2005 at about 10:30 p.m., when he was in the house at Shiggaon town suspecting the fidelity of his wife-Dyamavva, he poured kerosene on her and set her on fire with an intention to commit her murder. As a consequence of which she died on 16.01.2005 in the KIMS Hospital at Hubli, thereby he is alleged to have committed an offence punishable under Sec. 302 of IPC.

(3.) After procuring the presence of the accused, the trial Court framed the aforesaid charges against him and the accused pleaded not guilty. The prosecution in order to prove the case, thereafter, examined in all 31 witnesses and got marked Exs.P1 to P36 and produced MOs.1 to 6. The defence of the accused was one of total denial. However, by the judgement impugned in this case, the learned Sessions Judge is pleased to acquit the accused for the offence punishable under Sec. 302 of IPC, but convicted him for the offence punishable under Sec. 498A of Penal Code and Sec. 306 of Penal Code and sentenced him as aforesaid. Being aggrieved by the said order of conviction, the accused preferred this appeal.