VITHAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the Judgment dated 30.10.2009 passed by the Principal Sessions Judge, Bijapur in S.C.No.130/2001 convicting the appellant for the offences under Sections 302 and 498 -A of IPC and sentencing him to undergo life imprisonment and to pay a fine of Rs. 10,000/, in default to undergo simple imprisonment for six months for the offence under Section 302 of IPC and further sentencing him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/ - in default to undergo simple imprisonment for three months for the offence under Section 498 -A of IPC with a direction that both the sentences shall run concurrently and by giving set off for the period undergone by him as an under trial prisoners under Section 428 of Cr.P.C.

(2.) IT is the case of the prosecution that, the appellant being the husband of the deceased Meenakshi and accused No.2 being the mother -in -law of the deceased and accused Nos.3 to 5 being the brothers -inlaw of the deceased subjected the deceased to cruelty by wilful conduct which is of such a nature as is likely to drive the said Meenakshi to commit suicide after her marriage with the appellant and that the appellant has caused grave injury, danger to life, limb or health of the deceased Meenakshi by giving her both mental and physical cruelty by asking her to bring money and gold from her parents and harassed the said Meenakshi with a view to coerce her or any other person related to her to meet the illegal demand, and thereby, the accused are alleged to have committed an offence punishable under Section 498 -A of IPC.

(3.) IT is the further case of the prosecution that on 15.05.2001 at about 3.00 p.m. at Hittanhalli village, appellant along with other accused intentionally or knowingly to commit murder, caused the death of the deceased -Meenakshi by dragging her in the house when she was talking with CW -6 Yallawwa W/o. Mudakappa Pawar and poured kerosene oil on her and set fire with the help of match box and due to burn injuries, she died on 2.6.2001 in the hospital, thereby accused have committed an offence punishable under Section 302 of the IPC.