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2017 Supreme(Kar) 811
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH
K.N. PHANEENDRA, N.K. SUDHINDRARAO, JJ.
Gangawwa @ Gangamma W/o Timmayya Kunur - Appellant
Versus
The State of Karnataka - Respondent
CRIMINAL APPEAL No.3577 of 2011
Decided On : 07-09-2017
For the Appellant :Sri Jambayya Swamy Hiremath Advocate
For the Respondent: Sri Prakash Yeli, Addl. S.P.P
The central legal point established in the judgment is the distinction between the offences under Section 302 and Section 326 of the Indian Penal Code based on the nature of the injuries and the accused's intention.
Headnote:
Indian Penal Code - Offence under Section 302 - Summary
Fact of the Case:
The case involved the death of the complainant due to burn injuries inflicted by his wife. The accused was initially charged under Section 307 of the Indian Penal Code, which was later replaced by Section 302 due to the complainant's death.
Finding of the Court:
The court found that the death was due to burn injuries and concluded that the accused was guilty of the offence punishable under Section 326 of the Indian Penal Code, not Section 302.
Issues: The key issues revolved around the nature of the injuries, the intention of the accused, and the appropriate legal provision applicable to the case.
Ratio Decidendi: The court analyzed the evidence, including the dying declaration, witness testimonies, and medical reports, to determine the nature of the injuries and the accused's intention. It concluded that the offence fell under Section 326 of the Indian Penal Code, not Section 302.
Final Decision: The appellant/accused was acquitted of the offence punishable under Section 302 and convicted for the offence punishable under Section 326. The court considered the period of judicial custody as sufficient imprisonment and ordered the release of the appellant/accused.
1. The appeal is directed against judgment passed by the learned III Addl. Sessions Judge, Gulbarga in Sessions Case No.194/2010, for the offence punishable under Section 302 of the Indian Penal Code wherein the accused was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000/- in default of payment of fine to undergo simple imprisonment for 03 (three) months.
2. The accused is in judicial custody.
3. The facts unfurled in the case are that, originally a case was registered against appellant/accused for the offence punishable under Section 307 of Indian Penal Code, on the strength of the statement of Thimmaiah S/o Yellappa Kunur, on 30.04.2010, later who succumbed to the injuries, aged 45 years and the accused Gangawwa @ Gangamma is his wife and through their wedlock, they begot three children by name Bheemaiah, aged 20 years, Indira, aged 16 years and Nikil, aged 7 years. His wife was addicted to alcohol and used to quarrel with the complainant very often and for the previous 15 days to the incident, she was raising objection every for personal matters and attributed him of being addicted to alcohol
4. On 29.04.2010 at about 9.00 p.m. she raised quarrel. Children Bheemaiah and daughter Indira had gone to the house of one Thimmaiah for sleep.
5. On 30.04.2010 at about 3.30 a.m., the complainant was sleeping in a room along with his last son Nikil and Gangamma again entered into their room slowly to ensure that no noise causes complainant to get awakened and thereafter secured the oil that was in the container of kerosene lamp (chimney) poured it in a plastic bag, lit fire to it and thereafter threw it on the private organ of the complainant, because of which, his clothes (dothi), thighs and private organs got burnt and she had ran away from the spot. Hearing the screaming sound of the complainant-Timmayya, his mother, wife of his brother–Shanthamma and neighbors came inside the room and extinguished the fire. Thereafter, his son and daughter came there and his son and mother shifted him to Govt. hospital, Chirttapur in 108 ambulance for treatment and thereafter he was shifted to Government Hospital, Gulbarga.
6. Thus, basing on the statement given by complainant–husband of accused, the case was registered in Crime No.76/2010 under Section 307 of Indian Penal Code. However, the complainant died on 08.05.2010 at 9.00 a.m.
7. Cause of death recorded by the doctor is due to cardio respiratory arrest as a result of septicemia secondaries to 35% to 38% infected deep burn injuries due to burn injuries cause soft tissue infected causing septicemia that lead cardio respiratory arrest.
8. Thus, the Section 307 of Indian Penal Code came to be replaced by Section 302 of Indian Penal Code. Therefore, charge was framed by the learned trial judge for the offence punishable under Section 302 of Indian Penal Code.
9. In order to prove its case, the prosecution has examined P.Ws.1 to 17 including the children i.e., son Bheemaiah and daughter Indira and his parents and got marked documents Ex.P.1 to Ex.P.12 and M.O.Nos.1 to 7. Bhimmaiah is cited as C.W.2.
10. The accused was examined under Section 313 of Criminal Procedure Code and denied the incriminating circumstances appearing against him and there is no defence evidence.
11. Since the offence charged against the accused is punishable under Section 302 of Indian Penal Code, it is incumbent on the part of the prosecution to prove that the death of deceased occurred on 08.05.2010 at 9.00 a.m. was a homicidal and not a natural one. In this connection the first document is inquest mahazar–Ex.P.3 and thereafter the post mortem examination report of deceased-Ex.P.6. The death has occurred due to cardio respiratory arrest as a result of septicemia secondary to 35% to 38% infected deep burns.
12. It is necessary to know and mention the external injuries shown in the post mortem report:-
“Deep burns present over the lower part of the abdomen and back, both the thighs at the
