STATE OF KARNATAKA Vs. MAHANTESHA

JUDGEMENT

(1.) THIS Criminal Appeal is filed by the State against the Judgment and Order of acquittal dated 19.3.2009 passed in S.C. No.75/2007 by the Addl. Sessions Judge, Chitradurga.

(2.) THE accused/respondents herein were charged and tried for the offence punishable under Section 302 r/w Section 34 of IPC.

(3.) THE case of the prosecution in brief is that Accused No.1 is the husband of the deceased Jayalakshmi and father of the deceased Umesh; the marriage of Jayalakshmi was performed with Accused No.1 about 10 years prior to the incident in question and out of the wedlock a child by name Umesh (now the deceased) was born about 5 years prior to the incident in question; the deceased Jayalakshmi was suspecting that her husband (Accused No.1) was having illicit relationship with Accused No.2; it is relevant to note that Accused No.2 is none other than the wife of late elder brother of Accused No.1; since the deceased Jayalakshmi was suspecting the illicit relationship between Accused Nos.1 and 2 as aforementioned, she used to quarrel with Accused No.1 frequently; on the date of the incident i.e., on 1.6.2007 at about 9 p.m. Accused No.1 allegedly held both the deceased tightly and Accused No.2 poured the kerosene and set them on fire and ran away from the scene; the deceased Jayalakshmi and Umesh having sustained serious burn injuries, raised hue and cry as they did not tolerate the burn injuries; immediately PW.2 (Obaleshi), the brother of Accused No.1 came to the spot and shifted both the injured to Chitradurga District Hospital with the help of others. Subsequently, the injured were shifted to Chigateri District Hospital, Davangere for further treatment, wherein both the deceased breathed their last; the doctor who conducted post -mortem examination has opined that the deceased Jayalakshmi has sustained 95% burn injuries.