A.S.Bopanna, J. - (1.) The appellant- convict is before this Court in this appeal assailing the judgment dated 27.11.2012 passed in Sessions Case bearing SC No.27/2010. Through the said judgment the Court below has held the appellant to be guilty of committing the offence punishable under Section 302 of IPC. Accordingly, the appellant has been sentenced to undergo life imprisonment and pay a fine of Rs.20,000/- and in default of payment of fine, to undergo rigorous imprisonment for two years.
(2.) The appellant was proceeded against for the offence of causing the death of Seethe who was living with the appellant as his wife. The case of the prosecution is that the deceased Seethe had earlier married one Jenukurubara Chinnappa and they had three sons out of the wedlock. However, she had left the company of the said Jenukurubara Chinnappa about a year back and was in a live-in relationship with the appellant and the relationship was considered as that of the husband and wife. When this was the position, on 21.11.2009 at about 9.00 p.m. the deceased Seethe after serving food to the appellant had asked him to put kerosene to the lamp, to which the appellant is stated to have told her that he would not put kerosene to the lamp but would pour kerosene on her and set her ablaze. So saying the appellant is stated to have executed the same by pouring kerosene and setting her ablaze. The case is also that even earlier to the said incident the appellant was always quarrelling with the deceased and a week earlier to the said incident the appellant had threatened to kill the deceased by attempting to assault her with a kathi.
(3.) On the earlier occasion when there was such attempt, the owner of the estate viz., Sri B.M.Mani Uthappa under whom the appellant and the deceased were working had intervened and pacified the appellant. On 21.11.2009 when she was set on fire, the deceased ran to the house of the estate owner with fire over her body complaining that the appellant had set her on fire with an intention to kill her. The estate owner with the help of one Putta who was stated to be present there at that time had extinguished the fire and took her to the Government Hospital, Madikeri for treatment and also informed the Police. The Police had accordingly recorded the statement of the deceased and registered the case in Crime No.288/2009 for the offence under Section 307 of IPC. On the next day, the Taluk Executive Magistrate had also recorded the declaration of the said Seethe who had suffered the burn injuries. Subsequent thereto, despite the treatment the said Seethe did not survive and accordingly succumbed to the burn injuries on 07.12.2009. The case was thereafter converted to one under Section 302 of IPC and the further investigation was carried and the charge sheet was filed against the appellant.;