CHIKKANNA SHETTY Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is by the accused assailing the judgment of conviction and sentence dated 29.7.2011 passed by the II Additional Sessions Judge, Mysore, in S.C.No.206/2009, thereby convicting the appellant/accused for the offences punishable under Sections 498A and 302 of IPC and sentencing him to undergo imprisonment for life.

(2.) Succinctly stated, the respondent/Police charge sheeted the accused/appellant herein for the offences under Sections 498A and 302 of IPC. The case of the prosecution is, the accused was married to deceased Rathnamma for about 12 years; one year after marriage, he started harassing the deceased for money to quench his thrust for alcohol and gambling. However, the deceased was bearing with him; twice or thrice panchayat was held and he was advised; still he persisted his harassment to the deceased. On 6.5.2009, he immolated her by setting fire on her to snatch her gold ear-stud and silver anklet;

(3.) After committal of the case, the accused was procured and charge for the offences under Sections 498A and 302 of IPC, when read over to him, he pleaded not guilty. Prosecution entered into trial, examined 31 witnesses as PW-1 to PW-31 and produced documents Exs.P1 to P29 and material objects M.O.1 to M.O.5. During the evidence of the prosecution witnesses, a portion of Ex.P10 was marked as Ex.D1. The accused denied the incriminating circumstances appearing against him in the evidence of the prosecution witnesses, during his statement recorded under Section 313 CrP.C. He opted not to adduce defence evidence. After giving audience to both, the learned Sessions Judge held him guilty on both counts of Sections 498A and 302 of IPC. After hearing the accused on sentence, he was sentenced to undergo Rigorous Imprisonment of 6 months and to pay a fine of Rs.5,000/- with default clause in respect of offence under Section 498A of IPC and life imprisonment with fine of Rs.5,000/- with default clause in respect of offence under Section 302 of IPC.