RUHULLA Vs. STATE BY RAMANAGARA POLICE STATION

JUDGEMENT

(1.) The appellant herein and four other accused persons were tried for the offences punishable under sections 498A, 302, 323, 504 read with 34 and 114 of Indian Penal Code. By the impugned judgment dated 18.12.2013 in S.C.No.91 of 2011, the trial court acquitted accused Nos.2 to 5 of all the offences and convicted the appellant (hereinafter referred to as accused No.1) for the offences punishable under sections 498A and 302 of Indian Penal Code and by order dated 20.12.2013 sentenced him to undergo life imprisonment for the offence under section 302 of Indian Penal Code and a fine of Rs. 10,000/-, and simple imprisonment for one year for the offence punishable under section 498A of Indian Penal Code and a fine of Rs. 1,000/-. Both the sentences are directed to run concurrently.

(2.) The facts leading to the prosecution of the appellant/accused No.1 are that, the deceased Sabhiha was married to accused No.1 about three years earlier to the incident. They were residing in a rented house at Extension Mohalla, Ramanagara Town along with their child, then aged about 1' years. On 8.3.2011, wife of accused No.1 sustained burns in her house and was taken to Ramanagara Hospital. Her statement (Ex.P13) was recorded by PW.19 PSI, Ramanagara Police Station. In the said statement, she alleged that at about 3.00 p.m., accused No.1 picked up quarrel with her, abused and assaulted her with hands and annoyed by this, she poured kerosene oil on herself and set her ablaze.

(3.) Based on this complaint (Ex.P13), Crime No.14 of 2011 was registered under sections 498A, 323, 504 Indian Penal Code. Thereafter, she was shifted to Victoria Hospital. On 09.02011, on the requisition of the Investigating Officer, the Taluk Executive Magistrate, Bengaluru North, (PW.6) recorded her dying declaration as per Ex.P4. In this statement, she alleged that on 08.02011 at 00 p.m., accused No.1 poured kerosene oil on her and set her on fire. The deceased succumbed to the burn injuries on 16.02011, as a result, charge under section 302 of Indian Penal Code was incorporated and ultimately, the charge-sheet came to be laid against five accused persons for the offences punishable under sections 498A, 302, 323, 504 read with section 34 of Indian Penal Code.