STATE OF KARNATAKA Vs. RAMAKRISHNAPPA

JUDGEMENT

(1.) The above criminal appeal filed by the State against the judgment and order dated 19-10-2006 passed by the Fast Track Court III at Kolar in Sessions Case No. 175 of 2006 is the subject-matter of the above appeal. By the impugned judgment and order the Trial Court has acquitted the accused for the offence punishable under the provisions of Sec. 302 of Indian Penal Code, 1860.

(2.) It is the case of the prosecution that the present respondent-accused had illicit intimacy with the deceased Subbamma for about 1 1/2 years prior to her death and she was pregnant because of illicit intimacy with the accused. Deceased was forcing the accused to marry her. The accused told the deceased Subbamma that he would marry her, if she caused miscarriage of pregnancy and therefore, Subbamma suffered miscarriage even though she was 8 months pregnant. Even thereafter the accused did not marry her. Therefore the villagers convened a Panchayath and sent Subbamma to the house of the accused; accused and Subbamma were residing in a rented house. On the fateful day, Subbamma and accused had quarreled; accused poured Kerosene on Subbamma and set her ablaze and went away locking the door lock. On seeing the smoke coming out of the house of Subbamma, P.W. 3-Srirama and P.W. 13-Venkateshappa broke open the door of Subbamma's house and entered the house. At that time, Subbamma was screaming because of burn injuries and she was brought outside the house by breaking open the door. Deceased Subbamma revealed with P.Ws. 3, 4, 5, 7, 8, 13 and 14 that accused poured kerosene and set fire on her and went away locking the door. Subbamma was shifted to KGF Government Hospital. She stated before the Doctor-P.W. 1-Dr. B.K. Hallikere that the accused poured kerosene and set fire on her and Doctor sent intimation to the police. Police came to the hospital and recorded the statement of deceased Subbamma and registered a crime against the accused for offence punishable under Sec. 307 of IPC; they visited the place of occurrence prepared spot mahazar; Subbamma died on the same day; the accused was arrested for the offence punishable under Sec. 302 of Indian Penal Code. The investigation report discloses that the accused committed the murder of the deceased Subbamma in order to get rid of her. He was charge-sheeted for the offence under Sec. 302 of IPC.

(3.) In order to establish its case, prosecution examined witnesses P.Ws. 1 to 17 and produced material documents-Exs. P. 1 to P. 15. The respondent-accused is not examined, but has produced the documents-Exs. D. 1 to D. 5.