RAJENDRA, S/O BALAKRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant challenging the judgment dated 1-8-2006 passed by the Sessions Judge, Kodagu, Madikeri in S.C.52/2004 convicting the appellant for an offence U/s.302 I.P.C and sentencing him to undergo R.I for life and to pay a fine of Rs.2000/- and in default of payment of fine to undergo R.I for six months.

(2.) It is the case of the prosecution that the deceased is the wife of the accused. On 15-5-2004 in the estate of one Poonacha in Arvathoklu village, Kodagu District, suspecting the character of the deceased, the accused poured kerosene on the deceased and set her on fire as a result of which she has succumbed to the said injury in K.R. Hospital, Mysore and thereby he is alleged to have committed the offence under Sec.302 I.P.C. In order to prove its case the prosecution has examined P.Ws.1 to 17, marked Exs.P1 to P18 and produced M.Os.1 to 7. The defence of the accused was one of total denial. However by the impugned judgment the learned Sessions Judge convicted the appellant and sentenced him as aforesaid.

(3.) On the basis of the statement recorded from the deceased Pushpa, the Gonikuppa police registered a case in Crime No.48/04 for offence U/s.307 I.P.C on 16.05.2004. In her statement before the police recorded in the hospital the deceased Pushpa has stated that in the night of the incident she and her husband Rajendra sat for taking food in the house. At that time the husband started abusing her and her mother and at that time the accused took the food and threw it on her face and thereafter took a bottle of kerosene oil and poured it on her and set fire to her by taking the fire from the lamp. Thereafter her owner removed her to the hospital on the night of 15-5-2004 and admitted her in Gonikuppa hospital. It is stated in the said statement that the accused was always quarreling and attempting to commit the murder and caused the burn injuries found on her person. Based on the said complaint the police after registration of the case conducted the investigation. On 16-5-2005 the Taluka Executive Magistrate and Tahsildar came to the hospital and recorded the dying declaration of the deceased. In the said dying declaration which is marked as Ex.P18 the deceased had stated that her husband poured kerosene on her and set her on fire. The deceased died on 18-4-2004 at 2-20 a.m. The police, thereafter, converted the case to one U/s.302 IPC and concluded the investigation and filed the charge-sheet in this case.