VENKAPPA KANNAPPA CHOWDARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant-accused against the judgement dated 20-10-1994 passed by the IInd Additional Sessions Judge, Bijapur, in S.C. No. 95/1994 convicting the appellant accused for the offence under Section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) We have heard Sri S. G. Rajendra Reddy appearing for Sri R. B. Deshpande, learned Counsel for the appellant, and Sri M. Rajagopal learned Additional Government Pleader, for the respondent-State fully and perused the records of the case.

(3.) The case of the prosecution is as follows :Deceased Sumithra, who was aged about 30 years at the time of her death, was the wife of the appellant-accused. They were living with their two children in a house in Gaddanakeri Cross. The accused was working as a waterman in the panchayat. But, he was addicted to drinking liquor and, therefore, there used to be quarrels between the deceased and the accused often. About two years prior to the incident, the younger son of the deceased and the accused died in a motor accident. A compensation of Rs. 28,000/- was granted to them. An amount of Rs. 10,000/- was deposited in the Bank in the name of deceased Sumithra. There used to be quarrel between the accused and the deceased as the accused was insisting on the deceased to withdraw that amount and give it to him and the deceased was refusing to comply with that demand of the accused. On 28-3-1994, at about 9.00 a.m. when the deceased was in her house, the accused came. We was drunk and he asked the deceased to withdraw the fixed deposit amount which was in her name and return it to him. But, the deceased refused to comply with this demand of the accused. He beat her and took the tin containing kerosene oil, sprinkled the kerosene oil on her body and set fire to her by lighting a matchstick. The deceased started shouting. Hearing her shouts, the neighbouring witnesses, P.W. 3-Renuka, P.W. 4-Chandbi and other persons came there and extinguished the fire by pouring water. The accused ran away when the witnesses came there. Sumithra was shifted to the Bagalakote hospital for treatment. She was admitted by the doctor, P.W. 1. P.W. 1 informed the police. The P.S.I., P.W. 15, came to the hospital and recorded the complaint of Sumithra as per Exhibit P-2 and on the basis of Exhibit P-2, he registered a crime in No. 22/1994 and started investigation of the case. After the completion of the investigation, he filed charge-sheet against the accused.