B.A. PATIL, J.

1. This appeal is filed by the accused challenging the judgment and order of conviction and sentence dated 20/21.3.2014 passed in SC. No. 645/2010 by the Fast Track Court-X at Bangalore City.

2. The genesis of the case of the prosecution is that deceased Smt. Netravathi, wife of the accused gave a statement before PW. 20-Chandrappa in Victoria Hospital that she was residing with her husband in a rented house and she was working as a tailor at Bhanu Garments, Muniswaranagar. Her husband Yogesh is a lorry driver. Their marriage was performed one year two months' back and they had no children. After their marriage, they led happy married life for about one month and thereafter her husband Yogesh started demanding dowry as she did not bring any dowry during their marriage and also used to ill-treat and harass her both mentally and physically. The said facts were brought to the notice of her parents also. Thereafter her parents by holding panchayat advised the accused Yogesh, but in spite of giving one gold chain and cash of Rs. 1,00,000/-, he sold her gold chain and spent the amount. He also sold mangalya chain, leg chain and one bangle (kadaga) of the deceased Netravathi. Thereafter, her parents by giving an advance amount, made a separate rented house and her father used to pay the rent. She further stated that on 2.1.2010 at about 8.30 p.m. when she was in the house, her husband Yogesh came and told that the marriage of sister of Yogesh has been fixed and marriage talks have been concluded and the marriage has to be performed. As the parents of the deceased Netravathi have not given any dowry, accused asked her to give Rs. 3,00,000/- and also ill-treated her. She told that already her parents have helped them a lot and as they are poor they are not in a position to give money, for which, accused by saying that she was giving opposite answers and if she is finished he can marry another woman and by saying so, he took the kerosene from the kerosene stove, took the same into a vessel and poured on Netravathi and by saying that she should die, he lit the fire and ran away from the place. Due to the said act of the accused, she made hue and cry and immediately the neighbourers and police came and extinguished the fire. Thereafter, she was shifted to Victoria Hospital for treatment. She has further stated that her husband Yagesh, because of dowry ill-treated her both physically and mentally and by pouring the kerosene lit fire with an intention to kill her. Hence, she prayed for appropriate action against him. On the basis of the aforesaid statement brought by PW. 20, a case was registered in Crime No. 4/2010 for the offences punishable under Sections 498A, 307 of IPC and 3 and 4 of Dowry Prohibition Act. Since subsequently the injured succumbed to the burn injury Investigating Officer filed memo to include Section 302 or 304-B of IPC. The same was included in the charge sheet.

3. The Investigating Officer after completion of investigation laid the charge sheet against the accused. The learned Magistrate after following the procedure committed the case to the Court of Sessions. The Sessions Court took the cognizance by securing the presence of the accused and after hearing the learned Public Prosecutor and the learned counsel for the accused framed the charge for the offence punishable under Section 302 of IPC and alternatively under Section 304B of IPC. The accused pleaded not guilty and claimed to be tried, as such trial was fixed.

4. In order to prove its case, the prosecution in all has examined 32 witnesses and got marked 36 Exhibits and also six Material Objects. After closure of the prosecution evidence as contemplated under law, the statement of the accused came to be recorded in the form of questionnaire. Accused denied the incriminating materials and has not led any evidence on his behalf. After hearing both parties, the accused was convicted and sentenced to undergo RI for life and to pay fine of Rs. 5