STATE Vs. GOPYANAIKA AND ORS.

JUDGEMENT

(1.) Sri S.G. Rajendra Reddy (learned counsel appearing on behalf of respondents 2 and 6) is appointed as Amicus Curiae and to argue on behalf of respondent No. 1 also.

(2.) The Judgment and Order of acquittal dated 08.03.2011 passed by Fast Track Court - II, Shivamogga in S.C. No. 50/2010 is called in question in this appeal by the State.

(3.) The case of the prosecution in brief is that deceased Nagibai is the wife of accused No. 1; their marriage was performed about fifteen years prior to the incident in question. Out of the wedlock, three children were born; they started leading marital life at Biliki Tanda in Shikaripura Taluk. Accused No. 2 is the sister of Accused No. 1. Accused No. 3 is the husband of Accused No. 2. Accused Nos. 4 to 6 are the sons of Accused Nos. 2 and 3. After the marriage, all the accused started scolding the deceased with filthy language and started torturing her mentally and physically; despite repeated requests by the father of the deceased, the harassment by the accused did not stop as against the deceased; at 7.30 p.m. on 23.11.2009, all the accused formed themselves into an unlawful assembly with a common object to murder Nagibai; Accused Nos. 2 to 6 got hold of the deceased Nagibai and poured kerosene on her body, whereas, accused No. 1 set fire due to which Nagibai sustained burn injuries. Immediately after the incident, she was taken to Shiralakoppa Government Hospital and thereafter to Dist. Govt. Mc Gann Hospital, Shivamogga. She succumbed to the burn injuries at 2.00 a.m. on 28.11.2009 at Mc Gann Hospital. The Inspector of Police completed the investigation and laid the charge -sheet against all the six accused.