KOTRESHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appeal by the accused is directed against the judgment of conviction dated 4.2.2015 and order of sentence dated 24.2.2015 passed by the First Additional District and Sessions Judge, Davanagere, in S.C.No.118/2012 wherein, the accused was convicted for the offences punishable under Section 498A and 302 of IPC and was sentenced him to undergo simple imprisonment for one year for the offence punishable under Section 498A of IPC and to pay fine of Rs.1,000/- and in default of payment of fine amount, to undergo simple imprisonment for two months and also sentenced him to undergo imprisonment for life for the offence punishable under Section 302 of IPC and to fine of Rs.5,000/- and in default of payment of fine amount, to under go simple imprisonment for two years.

(2.) To avoid confusion and overlapping, the parties hereinafter are referred to as per the rankings as held by them before the Sessions Court.

(3.) The substance of the case of the prosecution against the accused Kotreshi @ Kotreshappa is that, accused and his wife Parvathamma were residing at Mattihalli village, Harappanahalli Taluk. Accused was harassing Parvathamma and ill treating her. He was also suspecting her marital loyalty and subjected her to cruelty as well. On 27.10.2011 at about 10.00 a.m. accused picked up quarrel with Parvathamma suspecting her marital loyalty. She was fed up over the torture of her husband Kotreshi and unable to bear his mental trouble and physical torture, decided to commit suicide and accordingly doused kerosene on her body and the accused (her husband) with a definite intention of causing her death set her ablaze. She sustained severe burn injuries all over the body and succumbed to them on 31.10.2011 at about 7.15 p.m. in the C.G hospital, Davanagere. Thus, after the incident, she was alive for a little more than four days.