GANAPATI @ GANAPAYYA NAIK Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal has been filed by the accused/Appellant challenging the judgment of conviction dated 17th October, 2000 passed in Session Case No. 96 of 1999 on the file of the learned Sessions Judge, Uttara Kannada at Karwar holding the accused guilty of the offences punishable under Sections 498A and 302 IPC.

(2.) THE facts leading to the present appeal as per the prosecution case are as follows: The Appellant/accused - Ganapati alias Ganapayya Naik is a resident of Hegdekatta in Sirsi Taluk. As per the prosecution case four years prior to 1999 (year of the incident) the accused had married the deceased Hemavati - daughter of Smt. Leelavati - P.W.2 and Narayan - P.W.3. Out of this wedlock, they had two young children and on the date of incident the deceased was on her way of having the third child. According to the prosecution, the accused who was well -to -do arecanut merchant was always on travel and of late had started suspecting the fidelity of his wife the deceased. As per the prosecution case because of this suspicion the accused started ill treating the deceased both mentally and physically and in fact the deceased and her parents had to take recourse to the Police help and even the help of village elders. It is alleged that inspite of repeated assurances, the accused did not mend his way. On the fateful night of 15.4.1999 at about 9.30 p.m. he not only assaulted Hemavati but also set her on fire by pouring kerosene on her. Attracted by the cries of Hemavati, the neighbours including P.W.4 Mohammed Sab Abdul Khader arrived at the spot, saw Hemavati fallen on the ground with burns all over and the accused standing there. After dousing the fire it is stated that the neighbours and the accused took Hemavati to the hospital at Sirsi and thereafter for better treatment to the KMC Hospital at Hubli. Hemavati lived up to 21.4.1999 and on that day succumbed to the injuries due to septicaemia.

(3.) ACCORDING to the prosecution on 16.4.1999 on seeing that Hemavati was in a fit condition to give statement about the incident, P.W.9 - Maharudrappa, Taluka Executive Magistrate was summoned to the hospital. At the hospital after verifying with the doctor, P.W.9 proceeded to record the dying declaration of Hemavati as per Ex.P.8. During the investigation, the investigating team also recorded the statements of various people including the neighbours, parents and relatives of the deceased. After the death, the body was subjected for autopsy. On completion of the investigation and receipt of all the reports, charge sheet came to be filed against the accused for the offences punishable under Sections 498A and 302 IPC.