UMESH N. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant/accused has preferred this appeal against the judgment of conviction and order on sentence dtd. 30/9/2022 passed in SC No.30 of 2017 by the II Additional District and Sessions Judge, Ballari (for short hereinafter referred to as the "trial Court") whereby, the accused was convicted for the offence punishable and Ss. 498A and 302 of the Indian Penal Code.

(2.) The factual matrix of the prosecution case is that, the marriage of the deceased-Lakshmi with accused was solemnized about eight years back. After marriage, the accused used to always pick up quarrel with his wife and used to demand money from her for consuming alcohol and when she refused to give him money, the accused used to assault her and used to harass her mentally and physically. That on 15/2/2017 at about 8:30 am in Kitchen accused demanded money for consuming alcohol and when the deceased refused to give money, he kicked her and when she fell he poured kerosene on her and lit fire with a matchstick. When Lakshmi made hue and cry, the neighbours came, extinguished fire and shifted Lakshmi to Jindal Sanjeevini Hospital, Tornagal. On 21/2/2017 at about 9.00 am, she succumbed to the injuries. Thus, the accused committed offences punishable and Ss. 498A and 302 of Indian Penal Code.

(3.) After filing the charge-sheet, case was registered in CC No.217 of 2017. After committal to the Sessions Court, case was registered as SC No.30 of 2017. Having heard the arguments on charges, the trial Court has framed charges and the same were read over and explained to the accused in the language known to him. Having understood the same, accused pleaded not guilty and claimed to be tried.