BHASKAR RAO Vs. STATE BY MADHUGIRI POLICE

JUDGEMENT

(1.) This appeal by the convicted accused is directed against the judgment of conviction and order of sentence dtd. 18/2/2017 passed in SC No.5014/2016 by the IV Addl. District and Sessions Judge at Madhugiri, wherein the accused is sentenced to undergo life imprisonment and also payment of fine Rs.10,000.00 and in default to payment of fine, he shall undergo simple imprisonment for one year for the offence punishable under Sec. 302 of IPC.

(2.) The brief facts of the prosecution case is as under: The accused is the husband of deceased Bhagyamma and was residing in a rented house belonging to CW.23 and he was quarreling with her in respect of money matter and he wanted to take her away from the house and on 8/3/2011 at about 12.00 noon, the accused picked up a quarrel with the deceased in respect of money matter and with an intention to kill the deceased, he poured kerosene over her and lit fire and thereby, killed her. Hence, the father of the deceased Bhagyamma, i.e., PW.2 lodged a complaint before the respondent police as per Ex.P1 and the same was registered in Crime No.29/2011 dtd. 8/3/2011 for the offence punishable under Sec. 302 of IPC against the accused. Based on the said complaint, the respondent police investigated the matter and thereafter, arrested the accused and recorded his voluntary statement and collected other materials and documents and also recorded the statement of all the witnesses and the Investigation Officer laid the charge sheet against the accused for the offence punishable under Sec. 302 of IPC, before the Committal Court.

(3.) On committal of this case to the Sessions Court, the learned Sessions Judge framed the charge against the accused for the offence punishable under Sec. 302 of IPC and read over the same to accused. However, the accused denied the charges and claimed to be tried.