- (1.) The appellant, who is accused No.1, by this appeal has challenged the judgment dated 27th July, 2004 in Criminal Appeal No.347 of 2001 passed by the Division Bench of the High Court of Karnataka at Bangalore whereby the High Court affirmed the conviction and sentenced imposed by the trial court under Section 498-A and 302 read with 34 IPC. So far as accused No.2 is concerned, the High Court acquitted her of all the charges levelled against her.
(2.) The appellant along with other accused faced charges punishable under Section 498-A and 302 read with 34 IPC. The First Additional Sessions judge, Dharwad, sitting at Hubli by his judgment dated 1st February, 2001 in Sessions Case No.119 of 2000, acquitted accused No.2 under Section 235(1) Cr.P.C. of the offences under Sections 498-A and 302 IPC but convicted accused Nos.1 and 3 under Section 235(2) Cr.P.C. for the offences under Sections 498-A and 302 read with Section 34 IPC. They were sentenced to undergo rigorous imprisonment for one year by each and to pay fine of Rs.1,000/- by each, in default to undergo further rigorous imprisonment for one month, for offence under Section 498-A IPC. They were sentenced to undergo life imprisonment and to pay find of Rs.2,000/- by each, in default, to undergo rigorous imprisonment for three months by each for the offence under Section 302 IPC. In appeal, the High Court by its judgment dated 27th July, 2004 allowed the appeal in part. The judgment of conviction and sentence passed by the Sessions Judge as against accused No.1 (first appellant before the High Court) for the offence under Section 498-A and 302 read with 34 IPC was confirmed giving rise to this appeal and as against accused No.2 (second appellant before the High Court), she was acquitted of all the charges levelled against her.
(3.) The case of the prosecution, in brief, as unfurled before the trial court is as follows: The deceased, Neelamma (alias Leelamma) got married to the appellant herein 13 years prior to the incident. The date of the incident is 14th January, 2000. Out of the wedlock, they have two sons and a daughter and they were all living at Mantur Road, Ambedkar Colony, Hubli. According to the prosecution, the relationship between the husband and wife was cordial till two years prior to the incident. The disruptions started in the family on account of the appellant developing intimacy with one Lakshmi, who was accused No.3 and was the second appellant before the High Court. In this regard, in spite of intervention of the family members of the parental house of the deceased and persistent resistance of the deceased, the said affair of intimacy continued. There used to be bickering and quarrels between the husband and wife in this regard. Though accused No.2, the mother of the appellant was living with them, she never tried to patch up the differences between the husband and wife. Ultimately, on 14th January, 2000, at about 10.00 a.m. in the matrimonial home of the deceased, accused Nos.1 and 3 doused deceased Neelamma and set her ablaze while accused No.2 was watching outside. On the same day in the afternoon, she was shifted to K.M.C. Hospital, Hubli and on admission, the Hospital authorities intimated the police who came into picture at about 9.30-10.00 p.m. in the night. Prior to that, the Taluka Executive Magistrate, PW-10, recorded her statement as per Ex.P.12. One more statement, Ex.P.22 dying declaration, came to be recorded by Rayappa, Police Sub Inspector (PW-23), in the form of complaint in the presence of Dr. Bhimappa (PW-22) and during the course of treatment, deceased Neelamma succumbed to burns on 18th January, 2000 at about 6.15 p.m. On 15th January, 2000, at about 5.30 p.m., Ashok (PW-24), the Investigation Officer recorded the dying declaration Ex.P.29 in the presence of Dr. Komal Prasad (PW-25). On the basis of Ex.P.22, investigation of the case commenced as against accused No.1 to 3. The kith and kin of the deceased are examined as Pullayya (PW.5) - maternal uncle; Eliya (PW-6) father; Grasamma (PW-7) maternal aunt; Padmavathi (PW-8) mother and Prabhudas (PW-9) uncle of the deceased. The purpose of examining these witnesses was to establish harassment, motive and oral dying declaration implicating accused Nos.1 to 3. The independent witnesses, who were the neighbours of the appellant i.e. Mansuresh (PW-11), Savakka (PW-13), Kanechanamma(PW-14), (M. Saloman)PW-15 and Perumal (PW-16) were also examined. Unfortunately, none of them have supported the case of the prosecution.;