CHINNAPPA Vs. A M MAHESHA

JUDGEMENT

(1.) Since these two appeals are in respect of the same judgment and order and since common question of facts and law are involved in appeals, they were taken up together to dispose of them by this common judgment.

(2.) Criminal Appeal No.260/2013 is preferred by PW.1, the complainant, whereas Criminal Appeal No.355/2013 is preferred by the State, being aggrieved by the judgment and order of acquittal dated 11.10.2012 passed by the Sessions Judge, Fast Tract Court-II, Bangalore Rural District, Bangalore, in SC.No.391/2010.

(3.) Brief facts of the prosecution case are that the deceased when she sustained burn injuries and taken to the hospital gave the statement as per Ex.P6, wherein it is stated that she was staying along with her husband in the address mentioned in Ex.P6. Her native place is Thorehalli Maluru Taluk. She is the third daughter of one Channappa. About two years back, her marriage was performed with accused No.1- Mahesha, S/o. late Muniyappa. For about one year the couple led married life happlily. Thereafter, her husband- accused No.1 started harassing and assaulting her by insisting her to bring Rs. 1,00,000/- from her parents as he was intending to construct the house. Therefore she informed the same to her parents. Parents of the deceased came and advised him. Two months thereafter, again accused No.1 started insisting the deceased to bring the amount and abused her by making galata. This was also informed by her to her parents. Two months thereafter again he insisted her to bring the amount by making galata and same was also informed to her parents. Thereafter, her mother, her younger brother Gopalappa, Nagaraju, Krishnappa came and held panchayat and they consoled and went back. On 17.7.2010 when she came from attending the work and was preparing food after bringing the water and when her husband also came from attending the work, her husband went to the house of the neighbours, i.e., Nanjundappa and Manjamma and thereafter came back. Her husband-Accused No.1 started questioning her as to why she abused her in-laws and sister-in-law in connection with putting the garbage and he assaulted her by making galata. It was at 8.30 p.m. and by that time, neighbours Manjamma, Nanjundappa, his son Venu and Puttamma came and they started abusing the injured. They instigated to eliminate her saying that they can see what she will do. Stating so, accused No.2-Manjamma brought the kerosene can and poured kerosene on her and accused No.1- Mahesha lit fire. She caught with fire she made hue and cry for help. At that time Manjamma brought a blanket, covered the injured with the said blanket and extinguished the fire. Thereafter somebody got ambulance by making a telephone call and thereafter her husband Mahesh, Manjamma and others shifted her to Victoria Hospital and got admitted. She was getting treatment as an inpatient. She sustained burn injuries to her body.