K VENKATESHA Vs. STATE

JUDGEMENT

(1.) This appeal is filed challenging the judgment dated 20-4-2009 passed by the Prl. Sessions Judge, Shimoga in S.C.No.153/2007 convicting the appellant of the offence under Sec.498-A and 307 I.P.C and sentencing him to undergo R.I for 3 years and to pay a fine of Rs.10,000/- and in default to undergo S.I for six months for the offence under Sec.498-A I.P.C and further sentencing the accused to undergo R.I for life for the offence under Sec.307 I.P.C.

(2.) It is the case of the prosecution that on 12-3-2007 at about 8 p.m. when Seethamma was cooking food in the kitchen the appellant went there and told her to go to her parents' house or he will kill her and so saying he poured kerosene on Seethamma and set her on fire and thereby he has committed an offence under Sec.307 I.P.C. It is further the case of the prosecution that prior to the said incident and after marriage the appellant has subjected his wife to cruelty and harassment and thereby he is alleged to have committed offence under Sec.498-A I.P.C. The prosecution in order to prove its case has examined P.Ws.1 to 8, got marked Ex.P1 to P10 and produced M.Os.1 to 3. The defence of the accused was one of total denial. However by the impugned judgment of the court-below convicted the appellant and it is the said judgment of conviction and sentence that is challenged in this appeal.

(3.) The prosecution in this case had commenced with the recording of the statement Ex.P3 on 21-3-2007 at about 3.20 p.m. in Mc. Gann Hospital from P.W.1 who has stated in the complaint that she is residing with her husband Venkatesh along with three children. Two daughters are staying in the hostel and her son Srinivas is staying with her and the accused in the house. Their marriage had taken place in the year 1997 and thereafter she lived with her husband but her husband was not taking care of her properly and was not coming to the house regularly and also she states he used to come home fully drunk, abuse her and treat her with cruelty. Several times there was quarrel between herself and her husband and he was sending them to her parents' house. On an earlier occasion he had attempted to commit murder by pouring kerosene but she had escaped. On 12.3.2007 at about 8 p.m. when she was in the kitchen her husband came there and questioned her where she had gone since morning and so saying he told her to get lost elsewhere and not to stay in his house and so saying he poured the kerosene oil from the lamp and set her on fire. When she was screaming, her neighbours and son Srinivas came and extinguished the fire from her person. Since she was injured due to the burn injuries she was taken to Bhadravathi Govt. Hospital and thereafter further treatment was given to her at Mc. Gann hospital, Shimoga. She has stated in her complaint that since her husband treated her with cruelty and tried to kill her by pouring kerosene on her and setting her on fire, she has prayed for suitable action against the husband. The Bhadravathni Town police registered the above complaint in Crime No.24/2007 for the offences under Sec.498-A and 307 I.P.C and transmitted the F.I.R to the court.