VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appellant, who was arrayed as accused No.1 in S.C.No.17/2011 on the file of the II Additional Sessions Judge, Mysore, has challenged the judgment of conviction and sentence passed against him vide judgment dated 21.08.2015 in convicting him for the offence under Section 302 and sentencing him to undergo imprisonment for life and to pay a fine of Rs.2,000/- with default sentence of one month and also convicting him for the offence under Section 498A of IPC sentencing him to undergo imprisonment for a period of two years. Though as many as 6 accused persons were arrayed in the said Sessions Case, the other accused persons 2 to 6 were acquitted by the learned Sessions Judge for want of evidence against them.

(2.) We have heard the arguments of the learned counsel for the appellant and the learned Additional SPP in detail. They have taken us through the evidence of the prosecution witnesses and also documentary evidence available on record. We have also carefully perused the judgment of the trial Court. Before adverting to re-appreciate the materials on record, we would like to have the brief factual matrix of the case as unfolded in the prosecution case.

(3.) There is no dispute that the accused is the husband of the deceased by name Smt. Sharada, the deceased and accused were blessed with two children and they were residing together at Rama Mandira Road, Bogadi Village in Mysore. They lived happily with each other for sometime and thereafter it is alleged that the accused started suspecting the fidelity and loyalty of his wife. In this context there had been quarrel between the husband and wife. Other family members were also supporting accused No.1 and they were also provoking accused No.1 to ill-treat and harass the deceased. It is the further case of the prosecution that on 03.10.2010 the deceased Sharada and her children had been to Nanjanagudu along with her father P.W.2 and they came back on the same day in the late night. Because of this incident, the accused was very furious as he found that she went to Nanjanagudu without even his knowledge and he suspected that she might have gone with some other person to Nanjanagudu. In this backdrop, it is alleged that on the next day on 04.10.2010 in the afternoon he came to the house after consuming alcohol and started galata with his wife and the matter reached to the climax, the accused, in fact, splashed the kerosene which was in the kitchen in a kerosene can and lit fire on deceased Sharada, due to which she sustained burn injuries. It is the further case that, the accused himself in order to save her, tried to extinguish the fire and wrapped her body with bed sheet and thereafter he shifted the injured to the K.R.Hospital at Mysore. In this context he also sustained some burn injuries to his hands. It is the further case of the prosecution that the accused has pampered the deceased after committing such an offence that, he would take care of her and her children and look after them with all love and affection and by persuading her, he made her to give statement at the initial stage before her relatives and as well before the doctor and police that she sustained burn injuries due to stove burst when she was attempting to cook food in her house. It is the further case of the prosecution that after about 3 to 4 days of the incident she felt that she may not survive. Therefore she disclosed the real fact before her relatives, that is before her father, brothers, sisters-in-law and sister that the accused was the person who splashed kerosene on her and lit fire as he intended to kill her. On that basis, an information was sent to the police and the police went to the hospital and recorded her statement which is later termed as "dying declaration" as per Ex.P.9. On the basis of such statement of the victim, the police have registered a case against the accused for the offences under Sections 307 and 498A of Indian Penal Code and proceeded with the investigation. After thorough investigation, the police found that, there was truth in the statement of the victim and therefore, they filed charge sheet for the offences under Sections 302 and 498A of IPC not only against accused No.1 but also against all the family members of the accused, that is accused Nos. 2 to 6. In fact, the accused No.1 was arrested in connection with this case on the very next day of the death of the deceased. It appeared, since then he has been in judicial custody.