KAPALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is by the sole accused who is convicted for the offence punishable under 666 of IPC and is sentenced to undergo rigorous imprisonment for life and fine of Rs.10,000/-, in default, to undergo simple imprisonment for six months.

(2.) The case of the prosecution is that deceased Nirmala had married the accused about 2 1/2 months prior to the incident. He was suspecting that she was carrying on illegal intimacy with her employer. On 11.6.2011 in the morning as usual, deceased had gone to attend coolie work in TAPCMS Mess belonging to her employer Chandranna Mestri. At about 8.00 p.m. accused came to the Mess and in the presence of her employer Chandranna, abused her in filthy language as to why she was continuing her illegal intimacy with the aforesaid Chandranna. He took her in an autorickshaw to Vinayaka Wine store where he consumed liquor. Even while consuming liquor he was abusing the deceased. Thereafter, he took a parcel of food and after reaching home at about 11.00 p.m. he once again started abusing her in filthy language and poured kerosene oil on her body and set her on fire.

(3.) According to the prosecution, during the occurrence accused latched the door from inside, but the deceased opened the latch and ran out of the house and on hearing her screams, her landlord P.W.1 Papanna and other neighbours rushed to the spot and doused the fire. She was taken to Pandavapura hospital. Accused also accompanied her to the hospital. She was referred to K.R.Hospital, Mysuru. In K.R.Hospital her statement was recorded by P.W.18, the PSI of Srirangapatna police station. Based on this statement, FIR was registered against the accused for the offence under Sections 307 and 285 of IPC. The deceased having succumbed to the burn injuries on 13.6.2011, charge under Section 302 was incorporated. On completing the investigation, charge sheet was laid against the accused under Sections 302 and 285 of IPC.