SHIVANAND VITHAL AMBALJERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-accused assailing the judgment of conviction and sentence passed by the V-Additional Sessions Judge, Belgaum in S.C.No.285/2009 dated 15.10.2010, where under the appellant-accused was convicted and sentenced under Sec. 498(A) and 306 of IPC.

(2.) Heard the learned counsel for the appellant and learned HCGP for respondent-State.

(3.) Before going to consider the submissions, it is necessary to consider the facts of the case. It is the case of the prosecution that the wife of the appellantaccused got married with the accused, about 11 years back and she had begotten 5 children. Thereafter, appellant-accused started ill treating and harassing by consuming the alcohol and used to assault her on the ground that she is unable to work properly. It is further alleged that the local persons advised accused on several occasions, there was no improvement. In that light on 19.04.2019 her mother Boravva had come to Yadawad to see her daughter casually. In the morning hours as usual deceased had gone to the land with labours and returned back to home at 2.00 p.m. At about 7.00 p.m. accused came by consuming the alcohol and started abusing the deceased in a filthy language and he asked the deceased, why she has not tied the paper cuttings (Paraparaki) and by saying so, he assaulted her with stick. At that time, the mother of the deceased intervened and rescued her daughter. Accused abused the mother-in-law, parents of the accused pacified the incident and took out their son out of the house. Because of the said incident, deceased being fed up with the life went into the kitchen room wherein poured kerosene over her body and set ablaze to herself. Immediately, her mother-in-law, father-inlaw, mother and her husband rushed into the kitchen room and doused the fire and she was shifted to District Hospital, Belgaum. She succumbed to the burn injuries on 24.04.2009. When she was in hospital her statement was recorded and the case has been registered and after investigation, the charge sheet was laid as against the appellant-accused.