JADEPPA HANUMANTHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of sentence, wherein the appellant was convicted under section 235(2) of Cr.P.C., 1973 for the offence punishable 306 of IPC and after hearing the learned Principal District and Sessions Judge, Ballari, the accused is sentenced to undergo two years rigorous imprisonment and shall pay fine of Rs. 15,000/- and in default of payment of fine, he shall undergo three months simple imprisonment.

(2.) The brief facts of the prosecution case are that one Mallayya s/o. Gadilingappa gave statement before PW12-SHO of Brucepet P.S. stating that about three months prior he had married to Smt. Laxmi, the daughter of the accused. The complainant was doing Hamali work and used to consume alcohol, when he was tired of work all most daily. It is alleged that some days after the marriage, the appellant took his daughter and since then she was residing in her parents house. The deceased Mallayya used to go to the house of the appellant and requesting him to send his wife back, for which the appellant was telling the deceased that he was unable to maintain himself and he cannot maintain his wife as he was addicted to alcohol. When a similar incident was happened on 10.08.2014 at about 6:30 p.m., the complainant went to the house of the accused and asked him to send back his wife, then the accused told the complainant that the latter had no capacity to maintain his daughter. Further abused and told him to go and die anywhere. Thereafter the accused assaulted the complainant with hands. After the said incident, the complainant took the kerosene container from the house of the accused and on the way he poured the kerosene on his body and set ablaze.

(3.) In the said incident, his chest portion, both hands, legs and other parts of the body ware burnt. Immediately, the complainant's mother-PW7 and his elder sister shifted him to the VIMS Hospital for treatment. After regaining the conscious, the complainant gave statement before PW12 on 11.08.2014 at about 5:30 p.m. at Hospital PW12 after recording the statement, registered case in N.C.No.16/2014 under Sections 323 and 504 of IPC. Being unable to recover from the burn injuries, succumbed to them and the case came to be transformed into one for the offence punishable under Section 306 of IPC.