STATE OF KARNATAKA Vs. K G SHIVASHANKAR

JUDGEMENT

(1.) THIS appeal by the State after grant of leave is directed against the judgment and order of acquittal passed by the Learned Sessions Judge, acquitting the sole respondent-accused for the offence punishable under Section 302 of IPC by his order dated 4-8-1999.

(2.) THE case of the prosecution in brief is asunder: the deceased-Nagarathanamma was the wife of accused respondent-Shivashankar and they were married 5 to 6 years prior to the incident in question. It is the prosecution case that the respondent husband was harassing and ill-treating the deceased, and there was a quarrel between the couple as the accused was not bringing the food articles to the house and he used to come late by coming drunk and the deceased was telling the accused that she would not send her son to the school, if the accused fails to provide money. It was the cause for the difference between the parties and the accused did not give money to the family and that he was beating the deceased. The couple were living in a house at Magadi Road and the deceased had also lodged a complaint against her husband in connection with the harassment and the accused-respondent had also filed a suit against the deceased.

(3.) IT was with this background on 20-2-1995 at about 2. 30 p. m. , when Narasimha Murthy (PW-4, brother of the deceased came to Bangalore and went to the house of his sister, nagarathnamma to inform her about his marriage proposal, he found the house locked, but a window was open and through the said window, PW-4 saw the quarrel going on between the accused and the deceased; the deceased was telling the accused that she wanted to go to jindal, but the accused suspected her fidelity and questioned her as to where she was going and to see whom. In spite of PW-4 making requests to both of them to open the door and to stop the quarrel, they did not heed his advice. Subsequently PW-4 saw the deceased coming out of the kitchen with fire burning on her body and there afterwards the accused opened the door and came out; PW-4 told the accused to bring an auto rickshaw and immediately went inside the house and poured water on the deceased Nagarathnamma to put off the fire and then covered her with a blanket; by that time the accused brought the auto rickshaw and they took her to the hospital.