SURESH ALIAS GURUMURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal is preferred by the accused, assailing the judgment and order of conviction and sentence dated 26/28-12-2011 passed by the Additional Sessions Judge at Chikmagaluru, in SC No. 14 of 2009.

(2.) The genesis of the case as per the prosecution is that on 10-10-2008 at about 10.00 p.m., accused-appellant herein picked up quarrel with the deceased Smt. Gowramma in respect of loan raised by them for constructing a house under "Ashraya" Scheme. During the said quarrel accused poured kerosene and set her ablaze with an intention to commit her murder, as a result of which she sustained burn injuries. She was shifted to Government Hospital, Koppa, on the next day morning and subsequently on 12-10-2008 at about 3.45 p.m., she succumbed to the burn injuries. On the basis of the complaint, case was registered against the accused and after completion of investigation, charge-sheet came to be filed against the accused. After filing of the charge-sheet and after following the procedure laid down under section 207 of Criminal Procedure Code, 1973, the committal Court committed the case. Thereafter, the Sessions Court took the cognizance and after hearing the accused before charge, framed the charge to which the accused pleaded not guilty and claimed to be tried.

(3.) In order to prove its case, the prosecution in all has examined eighteen witnesses as per P.Ws. 1 to 18 and marked twenty-one documents as per Exs. P. 1 to P. 21 and M.O. Nos. 1 to 4. On behalf of the accused, no evidence was led. Thereafter, the statement of the accused came to be recorded under section 313 of Cr. P.C., 1973 by putting incriminating materials against him. After hearing the learned Counsel for the accused and the learned Public Prosecutor, the Trial Court passed the impugned judgment convicting the accused for the offence punishable under Section 302 of IPC and sentenced him to undergo life imprisonment. Against which, the accused has filed the present appeal.