STATE OF KARNATAKA Vs. SMT. SARASWATI ALIAS PALLAVI

JUDGEMENT

(1.) The judgment and order of acquittal dated 19.4.2012 passed by the Sessions Judge, I Fast Track Court, Shimoga in S.C.No.210/2011 is appealed against by the State. By the impugned judgment and order, the Trial Court acquitted the accused of the offences punishable under Sections 302 and 201 of IPC.

(2.) Case of the prosecution in brief is that the accused Saraswathi is the wife of the deceased Manjunatha; PW. 1 (complainant) is the mother of the deceased; the marriage between the accused and the deceased took place about one month prior to the incident in question; after the marriage, the accused and the deceased were not living happily; that the accused was not co-operating with the deceased in the matter of co-habitation; the accused used to frequently go to her parents' house; the accused and the deceased were not sleeping together in a room but the accused was sleeping separately from the deceased; the deceased was sleeping in a room whereas, the accused and her mother-in-law PW.1 were sleeping together in another room; at about 3.00 a.m. on 1.7.2010, (he accused allegedly committed the murder of the deceased by assaulting him with chopper M.O.No.13 and thereafter, set him ablaze by pouring kerosene while accused was sleeping on the cot in the room of the matrimonial house; at about 5.30 to 5.45 a.m., the complainant found that smoke was oozing out from the room of the deceased and hence, she alerted accused, who was sleeping along with the complainant; immediately thereafter, the accused tried to intimate about such fact to the neighbours including the relatives by tapping doors in the early hours of 1.7.2010; all the neighbours including the relatives came to the house and extinguished fire but by then the deceased had died. The first information came to be lodged by PW. 1 as per Ex. P1 and the same came to be registered at 11.00 a.m. on 1.7.2010 in UDR No. 13/2010 under .Section 174(3) of Crimial P.C. The inquest panchanama was conducted as well as the scene of offence panchanama was drawn. The Inspector of Police have noticed certain injuries on the dead body and have noticed the blood stains on the walls of the room wherein the dead body was found and the fowl play, suo motu reported to JMFC as per Ex.P33. The first information came to be registered including Sec. 302 of Penal Code subsequently and the same reached the jurisdictional Magistrate at 00.30 hours on 2.7.2010. After completion of investigation, PW. 18 -Inspector of Police laid the charge-sheet.

(3.) In order to prove its case, the prosecution in all examined 19 witnesses and got marked 55 Exhibits and 15 Material Objects. On behalf of the defence, 3 Exhibits were got marked. As mentioned supra, the Trial Court on evaluation of the material on record, acquitted the accused by giving benefit of doubt in her favour.