JEENU KURUBARA LINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant/accused being aggrieved by the judgment of conviction dated 26.7.2013 and order of sentence dated 7.8.2013 passed by the II Additional District Judge Court, Kodagu, Madikeri sitting at Virajpet, in S.C.No.12/2010, wherein the appellant/accused has been convicted for the offence punishable under Section 302 of the IPC.

(2.) Brief facts of the prosecution case as per the complaint under Ex.P21 that one Smt.Vasanthi wife of Lingappa lodged a complaint on 17.10.2009 wherein it is stated that she is residing in the said address, her mother's place is H.D.Kote, Annuru Village. About 20 years back she married to one Kencha of Mathuru Village and she is having two daughters, first daughter Geetha was given in marriage to one Kumar and second daughter Anitha also given to one Linga. It is further stated that her husband Kencha deserted her and thereafter she joined with one Annayya of Annuru village and she was living her life with said Annayya. She is not having any children through said Annayya. Said Annayya was also with her for about 5 to 6 years, thereafter he also left her and since five years she stared to live with one Lingappa who is a resident of Bommanahalli who is working as coolie and they were staying in the quarters belonging to the said forest department and she is also doing the coolie work.

(3.) On 16.10.2009 herself and her husband Lingappa were in the house and Lingappa was quarrelling with her. Again alleging that she is having illicit relationship with some other person, during night at about 8.00 p.m. he picked up a quarrel with the complainant and he was stating that he will finish of her and she should not alive and he brought the kerosene oil can, poured the kerosene and he took match box from his pant pocket and lit fire to her and then she was caught with fire to her Saree and there were flames and she was screaming. At that time, her daughter Anitha who was in the neighbouring house and her husband Linga who was also staying their and one Raju and Laxmi wife of Raju came and extinguished the fire. Thereafter, one Jayanthi phoned to Gonikoppal Government Hospital over phone and got the ambulance and she was shifted to Government Hospital for treatment. She requested to take appropriate action against her husband who poured kerosene and lit fire to her. It is also mentioned in the said complaint that she admitted to the emergency ward in the Government Hospital and there she gave the statement.