STATE OF KARNATAKA Vs. KUMARA ALIAS MADIKE

JUDGEMENT

(1.) The judgment and order of acquittal dated 30.8.2012 passed by the I Addl. Sessions Court, Mysuru in S.C. No. 44/2012 is called in question in this appeal by the State.

(2.) The case of the prosecution is that the deceased Ravi is the near relative of the accused; the deceased was living in Mole village of Kollegal Taluk along with his mother (P.W.7) and brother (P.W.8); their native place is Mavinahalli village in T. Narasipura Taluk; one week prior to the incident, the deceased had come back to Mavinahalli village and was working as a driver of the tractor in the said village; since his grandfather had expired on 5.3.2011 he went to attend the funeral ceremony of his grandfather and at that point of time, all the accused scolded him in filthy language that he and his mother have left the village and is living elsewhere and as to why he has come on that day; so saying, accused Nos. 1 and 2 poured kerosene on the victim and accused No. 3 Kappanna set the deceased ablaze with the help of match stick; the incident has taken place at about 11 a.m. on 5.3.2011; after hearing the hue and cry, the villagers of Mavinahalli extinguished the fire and admitted the victim to T. Narasipura Government Hospital and thereafter, victim was shifted to K.R. Hospital, Mysuru for higher treatment.

(3.) In order to prove its case the prosecution in all examined 30 witnesses and got marked 29 exhibits and 4 material objects. On behalf of the defence, 2 exhibits got marked. The trial Court, on evaluation of the material on record, acquitted the accused by giving benefit of doubt in favour of the accused.