NIRMAL LOUIS Vs. STATE

JUDGEMENT

(1.) BEING aggrieved by the judgment of conviction dated 3-11-2001, passed by the learned Sessions Judge, Bangalore, in S. C. No. 675 of 2000 finding the accused guilty of the offences under Sections 498-A and 302 of the IPC and sentencing him to undergo rigorous imprisonment for three years with fine and imprisonment for life with fine carrying default sentence, the present appeal is filed.

(2.) THE brief facts as per the prosecution case are as follows: deceased Smt. Anitha was the wife of the accused Nirmal Louis and their marriage had taken place on 19-1-2000. According to the prosecution, the deceased was adopted by P. W. 2-Xavier and his wife p. W. 1-Jayanthi. As the prosecution evidence discloses, at the time of marriage certain jewellery and cash amount was given to the accused as dowry and in spite of giving the same, as the accused was often in need of money being a private photographer having loss in business, it is alleged that accused used to harass and treat cruelly the deceased to bring some more amount from P. Ws. 1 and 2. According to the prosecution, the accused and the deceased were alone living in a rented house and on 31-5-2000 at about 4. 00 P. M. the accused picking up a quarrel with the deceased over not bringing the money as demanded by him from P. Ws. 1 and 2, set her on fire after pouring kerosene on her. Hearing her cries, neighbours and others were attracted. The injured smt. Anitha was taken to Victoria Hospital and in spite of treatment given by the doctors, she breathed her last on 5-6-2000.

(3.) WHILE Smt. Anitha was under treatment, on the very date of incident i. e. , on 31-5-2000 at about 7. 30 P. M. on receipt of the intimation of the medico legal case, P. W. 12-P. S. I. goes to the hospital and after ascertaining with the doctor as to the fitness condition of Smt. Anitha both mentally and physically, records her statement and treating this statement as the first information as per Ex. P. 18, registers a case in cr. No. 310 of 2000 initially for the offences under Sections 498-A and 307 of the IPC against the accused. It has to be mentioned here itself that immediately after the death of Smt. Anitha, the offence of under section 307 is converted to one under Section 302 of the IPC.