RIYAZ UL HUCK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal by the sole accused in S.C.No.79/2009 on the file of the Second Additional Sessions Judge, Davanagere is directed against the judgment of conviction and order of sentence dated 11.02.2011 where under, he was convicted for the offences punishable under Sections 498A and 302 IPC and sentencing him to undergo imprisonment for life and also to pay fine.

(2.) THE case of the prosecution in brief as projected before the Trial Court is as under: The accused is the husband of deceased Shameem Banu. Their marriage was solemnized about 14 years prior to 16.04.2009. From out of the said wedlock the deceased Shameem Banu gave birth to a daughter and a son who were aged 13 and 12 years as on 16.04.2009. The deceased and the accused initially were residing with her parents -in -law in Davanagere and about 9 months prior to 16.04.2009, the deceased and the accused started living separately from her parents -in -law. The accusedhusband joined with his mother was subjecting the deceased to physical and mental cruelty. One year prior to 16.04.2009, the accused was working in Bangalore and he was visiting Davanagere once or twice in a month. In the night of 15.04.2009, the accused came to Davanagere and in the morning of 16.04.2009 he and the deceased went to the house of his mother and retuned to the house at about 4.00 pm. At about 5.00 pm., on 16.04.2009, the accused asked his wife to prepare tea. Therefore, the deceased went to the kitchen and while she was preparing tea, the accused came from behind, threw kerosene on her from back side and by litting the match stick, set her on fire, as a result of which she caught fire. Immediately, the deceased who was in flame, hugged her husband accused, as a result of which accused also sustained injuries over his hands. Hearing her screaming sound, the neighbours including CW14 -Shamshad Begum and others came inside the house. Some one informed her brothers and other relatives, who immediately came to the house of the accused, saw the deceased lying with burning injuries. Immediately, PW1 -Momin, the elder brother of the injured Shameem Banu with the help of others shifted her to C.G. Hospital, Davanagere, where she was examined in the casuality by PW13 -Dr.Manjula. Thereafter, she was admitted to the burns ward. An MLC intimation was sent to the jurisdictional police. On receipt of such information, police came to the hospital and after ascertaining the mental and physical condition of the injured, recorded her statement at 10.00 pm., on 16.04.2009 as per Ex.P5 and based on the said recorded statement of the injured, the case in Crime No.54/2009 initially for the offences punishable under Section 498A and 307 IPC against the husband of the deceased came to be registered and investigation was taken up. During investigation, the Investigating Officer visited the scene of occurrence and drew up the spot mahazar. On 17.4.2009, the injured was shifted to SS Institute of Medical Science and Research Centre, Davanagere, for further treatment. On 18.04.2009, the further statement of the injured as per Ex.P4 came to be recorded by the Investigating Officer in which the injured said to have disclosed that her motherin - law had not subjected her to any kind of cruelty and that her mother -in -law has been residing separately. The injured who was taking treatment in S.S.Hospital was discharged from the said hospital against the medical advice on 07.05.2009 and was taken to her parental home, where she succumbed to burns on 15.05.2009. After the receipt of the death report of the deceased, the Investigating Officer by filing a report as per Ex.P16 informed the jurisdictional Court of altering the offence punishable under Section 307 to Section 302 of IPC. Thereafter, inquest was held over the dead body and it was subjected to postmortem examination. During investigation, the accused was arrested on 17.04.2009 immediately after his discharge from the hospital and later subjected to judicial custody. He continued to remain in custody till the conclusion of trial. During investigation, Investigating officer recorded the statement of witnesses and after collecting the necessary documentary evidence, laid the charge sheet against the accused for the aforesaid offences.

(3.) AFTER committal of the case, the accused was brought before the learned Sessions Judge and he pleaded not guilty for the charges leveled against him and claimed to be tried. The prosecution in order to bring home the guilt of the accused, examined PWs.1 to 18 and relied on Exs.P1 to P17 and MOs.1 to 5. During his examination under Section 313 of Cr.P.C by the learned Sessions Judge, accused denied all the incriminating circumstances appearing against him, in the evidence of the prosecution witnesses. He did not choose to lead any defence evidence, nevertheless, he filed his written submission under Section 313 setting forth his defence. According to the defence of the accused, the deceased for the purpose of preparing tea, lighted the gas stove with the help of a kerosene lamp and had kept the burning kerosene lamp on the platform inside the kitchen and accidentally, the saree worn by the deceased coming in contact with the burning kerosene lamp, caught fire and hearing her cries, he rushed inside the kitchen and tried to put off the fire, in the process, he also sustained injuries. It was also his defence that at no point of time he subjected the deceased to any kind of cruelty and according to him, he financially helped the parents and brothers of his wife. Thus, it was his defence that he was not responsible for the burn injuries suffered by the deceased.