SWETHA @ TULASI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Appeal No.1308/2010 has been preferred by accused Nos.1 and 2 and Criminal Appeal No.796/2010 has been preferred by accused No.3 challenging the judgment and order of conviction and sentence passed by the Additional District and Sessions Judge, Fast Track Court-V, Bangalore Rural District Bangalore, in SC.No.174/2009, dated 16.6.2010.

(2.) Brief facts of the case as averred in the complaint are that PW.1, the brother of the victim filed the complaint alleging that his parents had three siblings himself, Naga and the victim Lakshmi. Himself and his mother Sangamma were working in BBMP Office as Sweepers and about five years back his father passed away. About two months prior to filing of the complaint, accused No.2-Manjunatha, accused No.1- Swetha and accused No.3-Yashodamma came near the house of the complainant and saw her sister Lakshmi, aged about three years. They asked them to give Lakshmi as they will bring her up. Though the complainant and his mother were not ready to give her, accused persons came along with one Balanna and insisted them to send Lakshmi with them. As such they sent the victim Lakshmi with accused No.1- Swetha. Thereafter once in a week accused persons used to bring the child and show to them. Even after lapse of three weeks, they did not come along with Lakshmi. By suspecting, they wanted to go the house of the accused. But in the meanwhile on 24.1.2009 at about 7.00 p.m. somebody came and told that the accused persons have caused burn injuries to Lakshmi by making her to sit on heated pan which is used for preparing jowar bread and have caused injuries on her body and they have also assaulted her. Immediately they went and saw the injured. With an intention to kill the child, the accused persons caused burn injuries on her buttocks, back, hands and face with hot pan which is used for the purpose of making jowar bread. Immediately they took her to Rajanandini Hospital and thereafter went and filed the complaint as per Ex.P1. On the basis of the said complaint a case was registered in Crime No.36/2009 against the accused for the offence punishable under Section 307 r/w. 34 of IPC. Thereafter the case was committed to the Sessions Court. The Sessions Court after hearing framed the charges. Accused pleaded not guilty and hence the trial was fixed. In order to prove its case the prosecution has examined eight witnesses and marked eight Exhibits and two Material Objects. Thereafter, accused persons were examined under Section 313 Cr.P.C. by putting incriminating material against them. The accused have not led any evidence. After hearing both sides, the trial Court found that the evidence produced is sufficient to convict the accused and accordingly, accused Nos.1 to 3 were convicted and sentenced to undergo RI for ten years and to pay a fine of Rs. 10,000/- each, in default to undergo SI for six months. Assailing the same, the accused are before this Court in both these appeals.

(3.) I have heard Sri K.A.Chandrashekhara learned counsel for the appellants-accused and Sri Vijayakumar Majage, learned Additional SPP for the respondent-State.