S.R.BANNURMATH, B.PADMARAJ
NOORSAB ALIAS NOOR AHMED S/O KUTHUBUDDIN THABBAL – Appellant
Versus
STATE OF KARNATAKA – Respondent
( 1 ) HEARD the arguments of the learned counsel for the appellant and the learned Government Pleader for the respondent/state and carefully perused the case records in detail with their assistance.
( 2 ) THE appellant has been convicted under Section 302, IPC and sentenced to undergo life imprisonment and a fine of Rs. 500/-, in default, to undergo further S. I. for 3 months, for causing the death of this wife Smt. Mumtaz by pouring kerosene over her body and setting her ablaze. Hence, this appeal.
( 3 ) THE deceased Smt. Mumtaz was married to the accused about 10 years prior to her death and she bore three children through the accused. During the relevant time of the occurrence, the deceased was living with the accused in a rented house in Janatha Plot in Mudhol. On the night of 16-5-1995 at about 10 p. m. or so, the accused returned to the house in a drunken condition and picked up a quarrel with the deceased. During such quarrel, the accused had also beat the deceased. The said quarrel went on for quite some time during the night. Then at about 1. 30 or 2 a. m. , the accused poured kerosene, which was found in the kitchen, over the body of the deceased and set fire
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