STATE OF KARNATAKA Vs. SHABUDDIN

JUDGEMENT

(1.) This criminal appeal is preferred by the State under S. 378(1) and (3) of Cr. P.C., against the judgment dated 13-4-1993 passed by the Sessions Judge, Raichur, in S.C. No. 38/1992 acquitting the respondent-accused of the offence punishable under S. 307 IPC.

(2.) We have heard the learned Addl. S.P.P. Sri A. B. Patil and the learned Amicus Curiae Sri Pavin fully and perused the records of the case.

(3.) The case of the prosecution is as follows : P.W. 5 Sabir is the father of the accused. Both of them maintain themselves by electro plating of utensils by moving from village to village. They used to go to a village for that work and return to their place at Bannimarada camp. P.W. 2 is a resident of Bannimarada camp. She resides in her village along with her two sons and daughters-in-law. She is the complainant in the case. The marriage of P.W. 1 with the accused took place about eight years back and since the marriage she was staying in Bannimarada camp along with her husband and father-in-law. They were staying in a hut. After marriage, the accused and P.W. 1 lived happily for some time. Thereafter, some quarrels started between them. P.W. 1 Kulsumbi was annoyed as the accused had brought a mistress to their house and differences between them were aggravated. On the morning of 26-6-1991, the quarrel started between them. The accused poured kerosene oil on P.W. 1 and set fire to P.W. 1 which caused burn injuries to the upper part of the body. The neighbours extinguished the fire. P.W. 1 was sent to her mother's house where she disclosed that it was her husband who set fire to cause her murder. Kulsumbi was taken to the hospital where she was treated. As she was not in a position to speak, the complaint of Devalamma - her mother was recorded. On the basis of the complaint of Devalamma, the Police registered a case and after investigation, they have filed charge-sheet against the accused for the offence under S. 307 IPC.