RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is an appeal filed under Section 374(2) of Cr.P.C. by the appellant -accused challenging the judgment of conviction dated 22.11.2010 and order of sentence dated 14.12.2010 made in S.C.No.79/2009 on the file of the District and Sessions Judge at Chamarajanagar.

(2.) BRIEF facts of the case leading to the filing of the appeal may be stated as under: -

(3.) IT is the case of the prosecution that on 26.07.2009 at about 9.00 a.m. the accused picked -up quarrel with his wife deceased Bhagya on the ground of suspecting her fidelity and he told her to take Vicks Action 500 tablets and die; on the same day, at about 11 a.m, he threw kerosene from a lamp on her and lit fire. As a result of which, she sustained burnt injuries. She came out of her house making hue and cry and it attracted P.W.3 Rathnamma, P.W.4 Channashetty, P.W.5 Mahadevaswamy. They extinguished fire on her and saw the accused ran away from the scene. The victim was taken to general hospital at Gundlupet for treatment. She was accompanied by her brother -in -law and uncle. P.W.8 Dr. P. Lalitha the Medical Officer sent MLC report to Gundlupet Police and the same was informed to P.W.7 Manjunatha G.N, the Tahsildar who went to the general hospital at Gundlupet and after P.W.8 the Medical Officer, who was attending on the victim certified that the victim is physically and mentally in a fit condition to give her statement, he recorded statement of the victim as per Ex.P12 in the hospital between 2:30 p.m. to 3:30 p.m. in the presence of P.W.8 and forwarded the same to Terakanambi Police. On the basis of the statement of the victim, the Police registered a case in Crime No.84/2009 under Sections 498 -A and 307 of IPC against the accused/husband. The victim was referred to K.R.Hospital at Mysore for medical treatment. Inspite of the treatment given to her, she died on 12.08.2009. On receipt of the death report of the victim, the police issued additional F.I.R adding Section 302 of IPC. The accused was arrested on 26.07.2009. He has been in judicial custody. After the investigation was over, chargesheet came to be laid against the accused for the offences punishable under Sections 498 -A and 302 of IPC. The accused faced Trial for the said offences before the Court of Session.