STATE BY WHITEFIELD POLICE Vs. MAHANTESHA

JUDGEMENT

(1.) The Judgment & Order dated 29.12.2011 passed by the Prl. Sessions Judge, Bangalore Rural district, Bangalore in S.C. No. 169/2011 is called in question in this appeal by the State.

(2.) Case of the prosecution in brief is that the accused and one Mr. Rajesh were paying guests to the house of the deceased; they used to come to the house of the deceased everyday for dinner and after dining, they used to go back to their respective places; they used to pay Rs. 300/ - per month towards the dining charges; deceased alongwith her husband - PW.8 and her son - PW.9 were residing in the house which was having sheet roof; the said house was in vatara (consisting of group of small sheds or small houses); just 5 or 6 houses away from the house of the deceased, Kariyamma's house is situated; said Kariyamma is sister of the deceased; on 20.12.2010 Kariyamma was not in station; she had left the keys of her house with the deceased; the deceased came back from her work place at 8 p.m. on 20.12.2010 and she went to the house of Kariyamma with a view to take rest; after some time, the accused went to the house of Kariyamma with a kerosene can; he poured kerosene on the deceased and set her ablaze and ran away from the scene before he could be nabbed; Later deceased was shifted in ambulance to hospital by her husband and one Smt. Savitha.

(3.) In order to prove its case, the prosecution in all examined 14 witnesses and got marked 15 Exhibits and 4 Material Objects. On behalf of the defence, no witness is examined. However four Exhibits were got marked.