MALLESH Vs. STATE

JUDGEMENT

(1.) THE appellants No. 1 and 2 (hereinafter referred to as accused No. 1 and 2) were tried for offences punishable under Sections 498 -A and 302 IPC.

(2.) WE have heard Sri. K.A. Chandrashekar, learned counsel for accused and Sri. Vijaykumar Majage, learned Government Pleader for the State.

(3.) IT is the case of prosecution that accused used to come home in a drunken state and pick up quarrel with the deceased; the deceased was working as a maid servant to maintain her family; on 25.01.2010 at about 7.00 p.m., the deceased returned home after completing her work; accused came home in a drunken state and picked up quarrel with the deceased stating that she had come late; the deceased served food to accused No. 1; accused No. 1 threw away the food; accused No. 1 splashed kerosene on the deceased and set her on fire; she suffered burn injuries and ran out of the house; accused had also suffered burn injuries; P.W. 2 -Basavaraju extinguished the fire on deceased by covering her with a gunny bag; P.W. 2 shifted her to K.R. Hospital; on the same day at about 11.00 p.m., the jurisdictional Sub -inspector of Police namely P.W. 17 -Shivanna came to K.R. Hospital and enquired with P.W. 10 -Dr. B.S. Madhu about the physical and mental fitness of deceased; P.W. 10 examined the deceased and certified that she was mentally and physically fit to give her statement; thereafter, P.W. 17 questioned the deceased and dictated her statement to P.W. 18 who reduced the same to writing; P.W. 17 registered Crime No. 13/2010 for an offence punishable under Section 307 IPC; the deceased succumbed to burn injuries at about 5.40 p.m., on 27.01.2010; P.W. 17 submitted an application to include an offence punishable under Section 302 IPC.