JAYARAMAIAH @ MOOGA S/O NARASIMHAIAH Vs. STATE BY DANDINASHIVARA POLICE STATION TURUVEKERE TALUK TUMKUR DISTRICT REP BY PUBLIC PROSECUTOR

JUDGEMENT

(1.) This appeal is preferred by the appellant-accused being aggrieved by the judgment and order of conviction and sentence dated 25.08.2010 passed by the II Additional District and Sessions Judge, Tumkur in S.C.No.94/2000 wherein the appellant-accused has been convicted for the offences punishable under Sections 498A and 302 of IPC and he has been sentenced accordingly.

(2.) Brief facts of the case of prosecution as per the averments made in the complaint (Ex.P.1) by the complainant, who is the own brother of the deceased Shankaramma, are that his sister Shankaramma was given in marriage to the accused about 5 years back. The couple was happy and alright for 2 years. They had one male child aged 3 years. After 2 years, the accused started to suspect the fidelity of his wife Shankaramma and he was telling her not to go to the house of others and not to talk with others. He was assaulting her both physically and mentally. In that connection, the sister of the complainant was telling before them whenever she was coming to the parental place. The complainant and others were advising the couple and they used to send back the deceased to the house of her husband. On 20.12.1999 at about 9.30 p.m., the complainant received the message that the accused person suspected the fidelity of his wife and with an intention to commit her murder, he poured kerosene on her and when she started to scream, the neighbours by name Ramaiah and Narasimha Murthy came running to the house of accused, they poured water and extinguished fire. When the complainant was informed, he went to see his deceased sister, who was suffering from the burn injuries on her body. In the morning, they shifted her to Tumkur Government Hospital and when she was getting treatment, the Taluka Executive Magistrate of Tumkur recorded her statement. The deceased was not in a position to give her statement at the time when the complainant lodged the complaint. Hence, he requested to take appropriate action against the husband of the deceased, the accused herein, for committing murder of his sister. He lodged the complaint at about 5.15 p.m., when he was at the Government Hospital, Tumkur.

(3.) After hearing both sides, the learned Sessions Judge, prepared charge and when it was read over and it was explained to accused, he pleaded not guilty and claimed to be tried in the matter. Accordingly, the charge was framed and plea was also recorded and then the matter was set down for evidence.