RAVIKUMAR Vs. STATE

JUDGEMENT

(1.) THE appellant is the accused in S. C. No. 124 of 2000 on the file of the II Additional Sessions Judge cum Chief Judicial Magistrate, Krishnagiri and he has been convicted and sentenced by the Sessions Judge under Section 302 I. P. C. to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for 3 months and under Section 449 I. P. C. to undergo imprisonment for 10 years and to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for 3 months. This appeal is filed challenging the said conviction and sentence.

(2.) THE charge against the appellant/accused is as follows:-On 15. 1. 1998 at about 5. 00 P. M. the accused Ravikumar @ Kutti Ravi along with his girl friend Malla @ Mallesi committed house trespass with the intention to commit the offence of outrage of modesty of Pushpa, the deceased in this case and therefore the accused is liable to be punished under Section 449 I. P. C. In the course of the same occurrence, the accused had at the instigation of the said Mala @ Mallesi poured kerosene over the deceased Puspha and set her on fire and on account of the burn injuries sustained, the deceased Pushpa died on 21. 1. 1998 at 4. 30 P. M. at Government Hospital, Hosur and thereby the accused committed the offence under Section 302 I. P. C.

(3.) SINCE the other accused, Mala @ Mallesi was a juvenile aged 15 years as per the report of the Radiologist, her case had been split up and separate trial was ordered by the learned Sessions Judge.