STATE OF KARNATAKA Vs. NAGARAJU

JUDGEMENT

(1.) THIS is an appeal filed by the State under Section 378 (1) & (3) of Code of Criminal Procedure challenging the judgment dated 20.11.2009 made in S.C.No.358/07 on the file of FTC -II, Bangalore Rural District, Bangalore.

(2.) BRIEF facts of the case leading to the filing of the appeal may be stated as under: The deceased Rangamma is the wife of respondentaccused. He married to the deceased about 4 years prior to her death. On 27.07.2007 at 8.00 p.m., Rangamma sustained burn injuries. She was immediately shifted to Victoria Hospital at Bangalore. MLC report was sent to the police station. On 27.07.2007, PW11 -Chandrashekar, ASI of Soladevanahalli police station went to the burn ward of the Victoria Hospital at about 11.45 p.m. he recorded statement of the Victim -Rangamma after the medical officer certified that she was in a fit condition to give statement. The victim was residing with her husband in Somashettyhalli, Yeshwanthapur, Bangalore North Taluk. She was working in Leela Passions situated behind M.A.Factory on Tumkur Road and the accused was working as a coolie in RMC. After the marriage, the victim was living with her in -laws, elder sister and brother of her husband for a period of three years; about a year prior to the incident, in -laws of the deceased constructed a separate house for the respondent -accused and his elder brother. Thereafter, the victim and her husband were living separately in the newly constructed house. It is alleged that the accused was not meeting the household expenses and was in the habit of pledging the jewels of the victim for drinking alcohol. On 27.07.2007 at about 7.15 p.m., the victim asked her husband as to why he did not redeem her ornaments as promised by him and the accused became angry stating that if she insisted for redemption of jewels, he would drive her away her parents house. There was altercation between the two. It is alleged that the accused assaulted her with hands by closing the doors of the house. The victim made a hue and cry. The accused told that nobody should come to her rescue and also closed the door from inside. The victim kept quiet and was watching TV. At about 8.00 p.m., her husband poured kerosene on her head and other parts of the body and set her ablaze. She made a hue and cry that attracted her elder sister PW2 -Latha she came inside the house and wrapped her with a woolen blanket. PW3 -Byrappa (husband of PW2 and elder brother of the accused) also came there and poured water and extinguished fire on the victim. Thereafter, PW2 and her neighbour PW4 -Govindaraju, shpifted the victim to Victoria Hospital in an auto rickshaw and got her admitted to the hospital for treatment. On the basis of the statement recorded by PW11, a case was registered in Crime No.131/07 against the accused for the offence punishable under Section 307 of Indian Penal Code. The accused was arrested on the very next day viz., 28.07.2007. On 28.07.2007 the victim succumbed to the burn injuries The victim was subjected to post mortem examination.

(3.) AFTER investigation was over, the I.O. laid charge sheet against the accused for the offence punishable under Section 302 of Indian Penal Code. The accused faced trial for the above said offence before the Sessions Court.