GUNDAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant is accused No. 1 in S.C. No. 244/2009. He was convicted for the offences under Ss. 498 -A and 306 of IPC. The judgment of conviction passed on 21st July 2010 wherein he was sentenced to undergo Rigorous imprisonment for three years for each of the offences under Ss. 498 -A and 306 of IPC and also pay fine of Rs. 5,000/ -. The learned Session Judge in fact acquitted accused Nos. 2 to 4 for the said offences.

(2.) I have heard the arguments of learned counsel for the appellant Sri Mahantesh Desai and the High Court Government Pleader for Respondent. The High Court Government Pleader submitted that no appeal has been preferred against the judgment of acquittal passed against the accused Nos. 2 to 4.

(3.) Before adverting to the question involved in this case it is just and necessary to bear in mind the brief factual matrix of the case. A lady by name Vimalabai W/o. appellant while in the hospital lodged complaint as per Ex. P -11 stating that she was given in marriage to the accused No. 1 (appellant herein) about 14 years prior to the incident. They lived happily together for some time. The accused has been ill -treated and harassing her on the ground that she was not loyal to him and always suspecting her fidelity. It is also alleged that he was addicted to alcohol and used to come to house everyday fully drunk and assault her and ill -treat her for that reason. In this background it is alleged that on 10.08.2008 the accused came to the house fully drunk in the night and started quarrelling with the deceased and abused her with filthy language. Therefore, she was frustrated due to such scolding and illtreatment by her husband, the complainant went inside a room and poured kerosene on herself and lit fire. She was admitted to the hospital. Later she succumbed to the injuries on 12.08.2008 i.e., on the next day of the complaint. On such first information report, the police have conducted the investigation and laid a charge sheet against 04 accused for the above said offences. The Court secured the presence of the accused and framed charges for the offences under Ss. 498 -A and 306 R/w. S. 34 of IPC. The accused have pleaded not guilty, as such the Court proceeded with the trial. In all the prosecution has examined 16 witnesses and got marked 28 documents as Ex. P -1 to P -28 and 02 material objects as MO 1 and 2. The accused were examined under Sec. 313 of Cr.P.C. As the accused did not chose to lead any evidence on their side, the Trial Court has disposed of the case after hearing the parties and passed the judgment of conviction and sentence against the appellant as noted supra.