ASHOK RAMACHANDRA CHAVAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant against the judgment passed in S.C.No.355/2009 on the file of the V Addl. Dist and Sessions Judge, Belagavi, dated 09.09.2010, wherein the appellant/accused came to be convicted and sentenced for the of fences punishable under Sections 306, 498(A) of IPC. The accused has been sentenced to undergo simple imprisonment of 3 years for the offence punishable under Section 306 of IPC and to pay a fine of Rs.2,000/- in default, to undergo simple imprisonment for a period of 6 months. He is also sentenced to undergo simple imprisonment of 1 year for the offence punishable under Section 498(A) of IPC and to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment for a period of 6 months.

(2.) The case of the prosecution commenced by recording statement of the injured by Investigating Officer and by recording the dying declaration of the deceased said to have been recorded by the Executive Magistrate in Belagavi, District hospital. On the basis of the statement of the injured the jurisdiction police registered crime on 14.05.2009 against the accused for the offences punishable under Sections 498(A) and 306 of IPC.

(3.) According to the prosecution, the accused/appellant and the deceased were married about 10 years back. The deceased along with her husband-accused with their children were residing at Shahunagar, Belagavi. The accused was working as watchman in a shed for the ongoing construction work of one Sri.S.D.Ambali's building. The accused was addicted to alcohol. He was abusing the deceased that she does not know how to prepare food and do not work properly. On the fateful day i.e. on 13.05.2009 at about 6.00 p.m., complainant returned home after completion of her coolie work. At about 7.30 p.m. the accused came in drunken condition and started abusing her and bet her. The wife tried to run away from the Shed. But the accused restrained and dragged her into the shed. At that time, she expressed by crying that she will die by pouring kerosene on her. The accused told the deceased to die and went away from the shed. Therefore, the deceased being fed up with attitude of accused decided to commit suicide. She poured kerosene over her body and set herself on fire. It is also alleged that the appellant tried to extinguish the fire. The neighbourers also came there. The injured was shifted to Government hospital, Belagavi, where she died on 17.05.2009.