(1.) The accused No.1 has filed this Criminal Appeal challenging the Judgment dated 28.7.2010 in S.C. No.95/2009 on the file of the Fast Track Court-III, Mysore convicting him for the offence under Section 302 of Indian Penal Code.
(2.) It is the case of the prosecution that the deceased Shahin Taj married accused No.1 - Akram Pasha @ Akram about 10 years prior to the incident in question; in the said wedlock, the deceased Shahin Taj begot a son and a daughter; Accused nos.2 and 3 are sisters of accused No.1; On 15.7.2008 at about 8 p.m. some quarrel took place between accused Nos.1,2 and 3 on one side and the deceased Shahin Taj on the other side in connection with bringing loan from Mahila Sangha; In the course of quarrel, suddenly accused No.1 poured kerosene on the deceased Shahin Taj and set her on fire and as a result, the deceased cried of burn injuries; Then accused No.1 with the help of neighbours shifted the deceased Shahin Taj to K.R. Hospital, Mysore, where she was treated in the burns ward. On the basis of the statement given by the deceased Shahin Taj on 15.7.2008 between 10.45 p.m. and 11.45 P.m. at K.R. Hospital, the respondent - Police registered the complaint on 16.7.2008 at 12.05 a.m. for the offence punishable under Section 307 r/w Section 34 of IPC. Thereafter the respondent - Police conducted spot mahazar on 16.7.2008 and recovered kerosene lamp at the place of the incident and the same has been marked as MO.1. Subsequently on 14.9.2008 at about 12.35 p.m. the respondent - Police received the death memo of the deceased Shabin Taj and at about 1.15 p.m., the dead body of the deceased was sent to JSS Hospital, Mysore for post- mortem examination. On receipt of the death memo, the respondent - Police inserted Section 302 of IPC in place of Section 307 of IPC in the First Information Report. The respondent - Police after completion of investigation filed the charge sheet on 10.10.2008.
(3.) In order to establish its case, the prosecution examined in all 18 witnesses - PWs.1 to 18 and got marked 14 documents - Ex.P1 to Ex.P14 and marked one material object - MO.1. On behalf of the defence, no witness was examined. The statement of the accused under Section 313 of Code of Criminal Procedure was also recorded.