JUDGMENT :

MOHAMMAD NAWAZ, J.

1. The appellant being aggrieved by the Judgment and Order dated 28/29.09.2018, passed by the II Additional District and Sessions Judge, Shivamogga, in S.C. No. 107/2017, convicting and sentencing him for offence punishable under Section 498-A and 304-B of IPC, has preferred this appeal.

2. I have heard the learned counsel for appellant/accused and the learned High Court Government Pleader for respondent/State and perused the material on record.

3. Charges were framed against the appellant for offence punishable under Sections 498-A and 304-B of IPC and alternatively under Section 302 of IPC. The learned Sessions Judge vide impugned Judgment and Order, found the accused not guilty for offence punishable under Section 302 of IPC, however, held him guilty for the other charged offences.

For the offence punishable under Section 498-A of IPC, the accused was sentenced to undergo simple imprisonment for a term of 2 years and to pay a fine of Rs. 5,000/- in default of payment of fine, to undergo simple imprisonment for 2 months.

For the offence punishable under Section 304-B of IPC, the accused was sentenced to undergo rigorous imprisonment for a term of 7 years.

4. Brief facts of the prosecution case are that, the marriage of the victim/Afsana Banu was performed with the accused about 6 years prior to the date of incident. The accused was addicted to alcohol and he was subjecting the victim to cruelty, both physical and mental. He used to demand money from her to be brought from her parental home. On 26.11.2015 at about 11:00 p.m. the accused came home consuming alcohol, assaulted the victim and demanded to bring Rs. 25,000/- from her parental home. He then told her that she should die and only then he can live happily. It is the further case of prosecution that the accused poured kerosene on the victim and lit fire, due to which, she sustained severe burn injuries and while undergoing treatment at Mc.Gann Hospital, Shivamogga, she died on 11.12.2015 at about 1:45 p.m.

5. As already noted supra, insofar as offence punishable under Section 302 of IPC is concerned, the accused was found not guilty and he was acquitted of the said offence. The trial Court has held that the prosecution has utterly failed to prove the ingredients of offence punishable under Section 302 of IPC. The said finding has become final.

6. The incident took place on 26.11.2015 at about 11:00 p.m. in the house situated at 1st Cross, New Mandli, Shivamogga, where the deceased and accused were living together. PW-4 is the owner of the said house. In her evidence, PW-4 has deposed that in the said house the accused was residing with his wife and two children since two months. On the date of incident at about 12.00 in the midnight, she heard some quarrelling sound and therefore, she came out of her house and saw the accused going away from the house. Further, she saw his wife had sustained burn injuries and someone had doused the fire. Thereafter she was taken to hospital.

7. The deceased was taken to Mc.Gann Hospital, Shivamogga, immediately after the incident. On receiving the MLC intimation, PW-10 viz. Head Constable went to the hospital and after confirming from PW-18-Doctor, about her condition to give statement, he recorded her statement as per Ex.P9. Thereafter, First Information Report-Ex.P10 was forwarded to the jurisdictional Court.

8. In Ex.P9, the victim has stated that she was residing with her husband and two children in a rented house since 2 months. Her husband is doing coolie work and he was always coming home drunk and giving her physical and mental torture. He was not providing any ration to the house. On 26.11.2015 at 11:00 p.m. her husband came to the house in an intoxicated condition and started abusing her and when she asked him as to why he is not giving household expenses and always coming home drunk, he assaulted on her back with his hands and when she told him that their elder daughter is not keeping well and therefore he