JUDGMENT :

Learned counsel for the accused has argued the Criminal Appeals through Video Conference and agreed that quality of audio and video is proper. Sri Vijaya Kumar Majage, learned Addl. SPP argued the matter being present in the open Court.

2. Criminal Appeal No.477/2015 is filed by the appellant accused against the Judgment & Order of conviction and sentence dated 18/26th February 2015 made in S.C. No.05/2013 on the file of the Fast Track Court-II, Chintamani, convicting the accused for the offence punishable under Section 302 of IPC and sentencing him to undergo simple imprisonment for ten years and to pay fine of Rs.20,000/and in default of payment of fine to undergo simple imprisonment for a period of six months, with a prayer to set aside the said Judgment and order of conviction and sentence.

3. Criminal Appeal No.300/2016 is filed by the State to modify the Judgment & Order of conviction and sentence dated 18/26th February 2015 made in S.C. No.05/2013 in so far as it relates to imposing lesser sentence of ten years for the offence punishable under Section 302 of IPC, instead of death or imprisonment for life.

4. Since both the appeals are arising out of the common Judgment of conviction and sentence, they are taken up together for final disposal.

I Facts of the case

5. It is the case of the prosecution that the accused married the deceased Lakshmidevamma about 13 years prior to the incident in question. Out of the wedlock, the deceased is having two male children aged about 11 years and 8 years. It is alleged that since 3 to 4 years prior to the incident, the accused had illicit relationship with CW.9 – Shivamma and he used to spend his earnings to consume alcohol and to maintain the said Shivamma, ignoring the maintenance of his family. Whenever it was questioned by his wife, the accused used to pick up quarrel. There used to be frequent quarrels between the accused and the deceased. On 17.5.2012 at about 7.00 p.m., when the accused returned home with bare hands, his wife questioned him as to why he has not brought any grocery items to the family and then the accused got angry and pushed her down by pressing her neck and thereafter brought kerosene from the kitchen and poured on her and lit the fire and restrained her from going out and then fled away. CWs.2 and 3 – Lakshminarasamma and Gangadhara, who are the sister-in-law and brother of the accused respectively shifted the deceased to Chintamani Government Hospital and from there, she was shifted to Victoria Hospital, Bangalore, wherein she succumbed to burn injuries on 18.5.2012. Thereby, the accused committed the offence punishable under the provisions of Section 302 of IPC. A complaint came to be lodged by PW.3 (mother of the deceased) as per Ex.P3 before the jurisdictional Police. The jurisdictional police registered the crime against the accused for the offence punishable under Section 302 of IPC. As the offence was exclusively triable by the Sessions Court, the case was committed to the Sessions Court.

6. In order to prove the guilt of the accused, the prosecution has examined PWs.1 to 24 and got marked the documents – Ex.P1 to Ex.P16 and material object – MO.1.

7. After completion of evidence on behalf of the prosecution, the statement of the accused was recorded as contemplated under Section 313 of the Code of Criminal Procedure. The accused denied all the incriminating circumstances appearing against him and also the case set up by the prosecution. The accused neither led the defence evidence nor got marked any documents.

8. The learned Sessions Judge considering both the oral and documentary evidence on record, has recorded a finding that the prosecution proved that on 17.5.2012 at about 7.00 p.m. the accused poured kerosene on his wife – deceased Lakshmidevamma and lit the fire at Gudarlahalli village when his wife questioned him as to why he has not brought anything to the house and due to which, she succumbed to burn injuries on 18.5.2012 in Victoria Hospi