STATE Vs. THARA

JUDGEMENT

(1.) THIS is the appeal preferred by the State challenging the judgment and order dated 20.7.2011 passed by the Presiding Officer, Fast Track Sessions Court -XVI, Bengaluru City in S.C. No. 1144/2010.

(2.) BRIEF facts of the prosecution case are that deceased Parvathi, daughter of Sannappa, aged about 20 years, resident of Sathenahalli, Nagamangala Taluk, Mandya District, was leading her life by doing tailoring work in the garments. Her native place was Sathenahalli, but she was residing at Chokkasandra, Bengaluru. Herself and accused (Thara) were staying in the same room and there used to be some dispute between them for petty matters. On 12.6.2010, morning at about 6.00 a.m., when the deceased Parvathi was sleeping, the accused (Thara) poured kerosene and lit fire stating as 'sorry Parvathi' and went outside. The deceased Parvathi made an attempt to come out side, but the accused pushed her inside the house and again, lit fire to her. Because of the fire, the deceased sustained burn injuries on her face and the entire body. She sustained about 90% and above burn injuries. She submitted the true facts and requested to take action against the accused (Thara), who was responsible for the said incident. This statement of the deceased Parvathi was recorded in the presence of Dr. Shivakumar, CMO of Victoria hospital on 12.6.2010 at 10.30 a.m. The ASI was also present. On the basis of the said statement, which was marked as Ex. P. 7 and received in Peenya Police Station at 12.10 hours on 12.6.2010, case was registered in Crime No. 400/2010 for the offence under Section 307 of IPC and F.I.R. (Ex. P. 8) was issued.

(3.) ON the basis of the MLC information by the hospital informing the death of Parvathi on 15.6.2010 at 1.40 p.m. and after securing the death memo (Ex. P. 10) through the P.C. from Victoria Hospital Police station, the offence was moulded as Section 302 of IPC in place of Section 307 in crime No. 400/2010 of Peenya police station.