HULAGAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order of conviction dated 09.01.2012 passed by the Sessions Judge, Bagalkot, in S.C. No. 27/2011 is called in question in this appeal. By the said judgment, appellant -accused No. 1 has been convicted for the offences punishable under Ss. 498A and 302of IPC and accordingly, sentence was imposed on the appellant -accused No. 1 and accused Nos. 2 to 4 were acquitted. It is submitted by both the sides that as against the acquittal of accused Nos. 2 to 4, no appeal has been preferred by the State.

(2.) The brief facts of the prosecution case as per the complaint Ex. P -6 that P.W. 4, who is the father of the deceased has lodged the complaint stating that he is a resident of Rampur in Lingasgur Taluk and he is having two daughters, viz., Hulgamma and deceased Devamma, and one son, namely, Hulgappa. 8 -9 years back, deceased Devamma has been given in marriage to accused No. 1 of Hirekodagali village and she begotten a son and a daughter. Accused No. 2 is the brother, accused No. 3 is the mother of accused No. 1 and accused No. 4 is the wife of brother of accused No. 1 and deceased was residing along with her in -laws. It is further alleged that accused used to quarrel with the deceased for silly reasons. Hence, the deceased started to reside separately along with accused No. 1 and there also accused used to quarrel with deceased Devamma. On 19.12.2010, in the night at about 11 p.m. one Timmanna Harijan, the uncle of accused No. 1 informed the complainant that due to altercation between accused No. 1 and his deceased daughter, deceased Devamma set herself ablaze in her house and admitted in Ilkal Government Hospital for treatment. Immediately, the complainant along with his wife and relatives went to the Ilkal Government Hospital and they were informed that the deceased was taken to District Government Hospital, Bagalkot. They came to Bagalkot and saw the deceased, who had completely sustained burn injuries and on enquiry, she told that due to the ill -treatment given by accused Nos. 1 to 4, in the night at 10.30 p.m. she herself poured kerosene and set fire to herself. She further told that accused No. 1 also sustained burn injury when he attempted to extinguish the fire and her daughter also sustained burn injuries on her leg and back. On these allegations FIR was registered against accused Nos. 1 to 4 at the first instance for the alleged offences punishable under Ss. 323, 504, 498A read with Sec. 34 of IPC. On 27.12.2010, when the death of Devamma took place, as per the requisition made by the Police, the offence under Sec. 302 of IPC is also inserted in the case.

(3.) To prove its case, prosecution in all examined 25 witnesses as P.W. 1 to P.W. 25 and got marked documents Exs. P -1 to P -39 and material objects M.Os. 1 to 4. On the side of the defence, no witnesses were examined, but two documents as per Ex. D1 and Ex. D2 got marked.