HONNURI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed by the convicted accused challenging the judgment of conviction and sentence dated 16-1-2001 passed by the learned Sessions judge, Koppal, in S. C. No. 8 of 2000 finding the accused guilty of the offence punishable under Section 302 of the 1pc and sentencing him to undergo rigorous imprisonment for life and fine of Rs. 500/ -.

(2.) THE brief facts leading to of this appeal are as follows. The accused is the husband of deceased Banu and father of deceased samina; that on 1 1-9-1997 at about 10. 30 p. m. , the accused picked up quarrel with his wife Smt. Banu in his residential hut situated at Mandal Bhatti lane in gundamma Camp of Gangavathi Taluk on the ground that she did not bring her daily wages after having gone to coolie work; the accused forced the deceased Banu to go to her employer's house for getting the wages on that night itself; Smt. Banu went to the house of her employer Salimsab (P. W. 2)whose house is situated near her house for asking wages; employer informed smt. Banu that he will pay her wages on the next day morning; the deceased banu came back to her house and informed the same to her husband-accused; the accused being enraged by the same, abused her stating that she has become arrogant and she shall be killed; with an intention to commit her murder, the accused brought a can of kerosene and poured the same not only on his wife, but, also on his daughter Sameena aged 2 years who was on the lap of her mother, lit a match stick and set them on fire; Smt. Banu started crying loudly and after hearing the said cries, P. W. 2 and others came to the house of the deceased and put off the fire; both the injured were shifted to the hospital at 10. 45 p. m. , wherein P. W. 9-Dr. T. K. Jagajivanaram who was medical Officer on duty noted down the history as given by the victim Banu in the case sheets Exs. P. 9 and P. 10, and sent the intimation to the jurisdictional police informing them about the medico-legal case; immediately thereafter, the Head Constable attached to Gangavathi Town police Station namely, Shivappa (P. W. 19) rushed to the hospital at 11 p. m. and recorded the statement of the injured Banu as per Ex. P. 29; on the basis of said statement, P. W. 19 registered the case in Crime No. 149 of 1997 for the offence punishable under Section 307 of the I PC, against accused; during medical treatment, the Taluk Executive Magistrate of Gangavathi viz. , H. Nagappa (P. W. 1 7), on the request of the jurisdictional police went to hospital with his staff and recorded the dying declaration of Smt. Banu as per fix. P. 27 at about 2. 00 a. m. on 12-9-1997 in the presence of the doctor, p. W. 9. The victim Banu succumbed to the burn injuries sustained by her at about 10. 45 a. m. on 12-9-1997 and her daughter Samina died at 7. 15 a. m. on 14-9-1997. After completion of the investigation, the police inspector (P. W. 20) lodged charge-sheet for the offence punishable under Section 302 of the 1 PC, against the accused.

(3.) ON committal and on framing of the charge, as the accused denied the charge and claimed to be tried, he was tried in Sessions Case No. 8 of 2000 before the learned Sessions Judge. Koppal. In order to prove the guilt of the accused, the prosecution has examined 22 witnesses and got marked 32 exhibits and seven material objects. On behalf of the defence one document is marked. Total denial of the case was the defence of the accused.