STATE OF KARNATAKA Vs. VENKATESH

JUDGEMENT

(1.) This appeal is filed against the judgment of acquittal dated 27.08.2012 passed in SC No.237/2011 on the file of Fast Track Court at Hunsur, Mysore District.

(2.) The factual matrix of the case is that on 29.05.2011 at about 10.00 a.m., when the deceased - Rathnamma @ Shambavi told to the accused to go to the shop and to bring kerosene. Accused picked up quarrel with her and told her to bring kerosene. Then, accused being angered told to the deceased he would pour kerosene on her and the deceased poured the kerosene on herself. Taking the advantage of the situation, the accused, in order to commit the murder of the deceased, lit the fire by opening the matchbox. Due to same, she has sustained burn injuries. The deceased, in order to save herself, came out from the house, went to nearby ditch and tried to extinguish the fire. By seeing the same, the neighbours came to rescue of the victim and extinguished the fire. At the first instance she was admitted to Periyapatna Hospital and thereafter, shifted to K.R.Hospital, Mysore for further treatment. She succumbed to the injuries on 01.06.2011 at about 8.50 p.m.

(3.) The police registered a case against the accused based on the statement of the injured and also called the Tahsildar to record the statement of the injured. Accordingly, the statement was recorded and she informed the Medical Officer that her husband only set fire on her. The Investigating Officer after recovering the matchbox at the instance of accused, filed the charge sheet for the offence punishable under Section 302 of Indian Penal Code.