STATE OF KARNATAKA Vs. ARAVIND KUMAR

JUDGEMENT

(1.) The judgment and order dated 26-3-2011 passed by the Presiding Officer, Fast Track Court-VI, Bangalore City in S.C. No. 177 of 2010 is called in question in this appeal by the State.

(2.) Case of the prosecution in brief is that the accused is husband of the victim (P.W. 3); their marriage was performed 10 years prior to the incident in question; out of the wedlock, three children are born; since three months prior to the incident in question, the deceased was working as a Supervisor in 'Gokuldas Garments' situated near Silk Board Junction, Bangalore; The accused was not looking after the family affairs; in that regard, there was misunderstanding between the accused and the victim; the victim used to come to house after finishing the work at Garments Factory after 7 p.m.; the accused used to suspect the fidelity of the victim without any valid reasons; though the parents of the victim as well as the relatives advised the accused not to suspect the fidelity of his wife and to have amicable living with his wife, the accused did not mend his conduct; on the date of the incident i.e., on 20-9-2009 the victim came to the house in the usual manner after finishing the work at 8 p.m.; the accused who was waiting for the victim in front of the house started quarrelling with her suspecting her character; he set her ablaze after pouring kerosene, consequent upon which, both the hands, both the legs and back of the victim was burnt to certain extent; the victim raised hue and cry and consequently, the parents and brother of the victim who were residing in the adjoining house rushed to the spot and extinguished fire; all of them shifted the injured to the hospital.

(3.) The wound certificate of the victim is at Ex. P. 1. The same discloses that the victim has sustained 20% second degree burns. The doctor who treated the victim has deposed before the Court as P.W. 1. There is no cross-examination with regard to the injury sustained by the victim. The accused also does not dispute that the victim has sustained injuries in the incident that occurred at 9 p.m. on 20-9-2009. However the defence of the accused is that when the accused entered the house at about 8 to 8.30 p.m., the victim was found with one Mr. Chamru Sani; both were sitting on the cot in the bedroom of the house; The victim-P.W. 3 was also having illicit relationship with one Mukund Kumar, Murali as well as Mohan prior to the incident in question and in that regard, quarrel used to take place between the accused and the victim; Despite repeated warnings and requests, the victim did not mend her conduct; On the date of the incident also, when the accused saw the victim with one Chamru Sani, he quarrelled with both the victim as well as Chamru Sani; The victim in order to commit suicide set herself ablaze by pouring kerosene. Thus practically the accused also does not dispute that the victim sustained burn injuries at the time and on the date of the incident in question.