MANJUNATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment passed in S.C.No.155/2013 on the file of learned II Additional District and Sessions Judge, Tumkur, on 30.01.2015, wherein the appellant was found guilty under Section 235 (2) Cr.PC and was convicted for the offence punishable under Sections 498-A and 302 of IPC and sentenced to under go Rigorous Imprisonment for a period of three years and also pay fine of Rs.25,000/- for the offence punishable under Section 498A IPC and also sentenced to undergo imprisonment for life and also to pay fine of Rs.50,000/- in default, to undergo Rigorous Imprisonment for period of six months for the offence punishable under Section 302 IPC and both sentences shall run consecutively.

(2.) The complaint came to be registered in Crime No. 0019/2013 of Thilak Park Police Station, Tumkur, for the offences punishable under Sections 498A and 302 IPC against Manjunatha, son of late Gangaiah, of Kuripalya, Tumkur. The complainant is one Jayamma, wife of said Manjunatha and the complaint was lodged on 26.01.2013 at 9.15 a.m. registered in the crime number stated above

(3.) The substance of the complaint is that, On 26.01.2013 at about 8.00 a.m., the Police received intimation from District Government Hospital, Tumkur, and when the Police visited the hospital, he was taken to injured Jayamma and her statement was recorded. She is said to have stated that, about 10 years back, she was given in marriage to Manjunatha, S/o. Gangaiah, Kuripalya, Tumkur and through the marriage, she got a son and a daughter who were then aged 4 and 7 years respectively. Right from the beginning of marital days, her husband used to consume alcohol and was creating havoc in the family. He used to abuse in a filthy language. In this connection several Panchayat were conducted, but were of no avail. On 25.01.2013 at about 6.30 p.m. Manjunatha came in a drunken state to house, raised galata with the complainant and abused her in bad language as 'sulemunde bolimunde' further with the intention of killing the complainant, took out kerosene can and poured kerosene on the complainant and set her ablaze, thus, tried to murder her. When she screamed, neighbhours Manjamma, wife of Murthappa and Kariyamma, wife of Doddaiah, came and offered assistance to her. Case was registered for the offences punishable under Sections 498-A and 307 IPC. It was upon her death due to burn injuries, case is chargesheeted against the accused for the offences punishable under Sections 498A and 302 IPC.