BASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The case of the prosecution is that the accused is the husband of deceased Gouramma and their marriage was solemnized about 14 years back and out of the wedlock they have got three children. The accused used to harass the deceased physically and mentally by suspecting her fidelity. On 24/8/2011 at 7.00 a.m. the deceased had gone to attend the coolie work in an agricultural land and came back at 9.00 a.m. On coming to the house, she noticed that the household articles were scattered and when she questioned her children the accused came, abused her in filthy language and assaulted her. When the deceased went inside the kitchen room, the accused followed her and poured kerosene on her and lit fire, with an intention to commit her murder. When the deceased was under the flames, she tried to catch hold of the accused and in the process the accused also sustained burn injuries on his palms. On hearing the hue and cry the brothers of the accused, their wives and the neighbours came and extinguished the fire. The injured was shifted firstly to the district hospital and late to KIMS, Hubli. MLC intimation was given to the police and the police went to the hospital and recorded the statement of the victim and registered the case against the accused as per Ex.P12. On the next day, intimation was also sent to the Tahsildar, who came to the hospital and recorded the dying declaration of the victim in the presence of the duty doctor as per Ex.P19. The accused was also admitted to the District Hospital for treatment of the burn injuries sustained on his palms and later he was arrested by the police and remanded to the judicial custody. After completion of investigation the charge sheet was filed against the accused. The learned I Addl.JMFC, Dharwad after taking congnizance, committed the case to the Court of Sessions. After hearing both sides, the charges were framed against the accused for the offences punishable under Ss. 504, 498A and 302 of IPC. The accused pleaded not guilty and claimed to be tried.

(2.) In order to substantiate the case against the accused, the prosecution in all examined 29 witnesses as P.Ws. 1 to 29 and got marked 31 documents and also got marked material documents as per M.Os.1 to 3. The accused did not enter into any defence except getting Exs.D1 to D3 marked in the cross-examination of prosecution witnesses.

(3.) The learned Sessions Judge on hearing both sides and on appreciation of the oral and documentary evidence on record found that the prosecution has proved the guilt against the accused for the offences punishable under Ss. 498-A and 302 of IPC. and sentenced him to undergo RI for three years and pay fine of Rs.3,000.00 , in default to undergo SI for three months for the offence under Sec. 498-A of IPC. and he was further sentenced to undergo life imprisonment and to pay fine of Rs.5,000.00, in default, to undergo S.I. for one year for the offence under Sec. 302 IPC. Being aggrieved by the impugned judgment of conviction and sentence, the present appeal is filed by the accused.