SYED AMEER AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appellant who was convicted by the learned II Addl.District and Sessions Judge, Davanagere, (hereinafter for brevity referred to as 'trial Court'), by the judgment dated 8.5.2015, passed in S.C.No.119/2013, for the offences punishable under Sections 498A, 341 and 302 of Indian Penal Code, 1860 (hereinafter for brevity referred to as 'IPC') and sentencing him to undergo simple imprisonment for a period of one year and to pay fine of Rs.5,000/- and in default of payment of fine, to undergo simple imprisonment for a period of six months for the offence punishable under Section 498-A of IPC, to undergo simple imprisonment for a period of one year for the offence punishable under Section 341 of IPC and to undergo life imprisonment and to pay fine of Rs.25,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one year for the offence punishable under Section 302 of IPC, has challenged the same in this appeal.

(2.) The summary of the case of the prosecution is that based on a medico legal case (MLC) received by the complainant-police, PW-12, the Head Constable of the respondent-police, went to Chigateri General Hospital, Davanagere, and after getting the injured Shainaaz duly examined by the doctor, recorded her statement as per Ex.P-1. The summary of the said statement was that the deceased Shainaaz was married to the accused herein about seventeen years prior to the date of the incident and had two children. The accused was addicted to liquor. On 1.6.2013, the accused came home by consuming liquor and started quarrelling with his wife at about 6.30 p.m. The said quarrelling gaining heat, resulted in abusing his wife i.e., Shainaaz and prevented her from going out of her house and pushing her, due to which, she fell on a kerosene lamp which was just then lit by her before going for Namaz. Unsatisfied with his act, the accused also poured additional kerosene upon her. In the said process, when she attempted to set right her saree, it came in contact with a burning kerosene lamp, due to which, the fire scattered on her body and she sustained injuries. According to her, it was the accused himself who doused the fire and she was shifted to hospital.

(3.) The said complaint was initially registered with the complainant-police for the offences punishable under Sections 341, 498A and 307 of IPC. However, since the injured was succumbed to the injuries on 6.6.2013, Section 302 of IPC was substituted with Section 307 of IPC. After completing the investigation, the police filed the charge sheet against the accused for the alleged offences.