IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 638 OF 2018 (C)

BETWEEN:

JENUKURUBARA KARIYA AGED ABOUT 39 YEARS, S/O LATE THIMMA, R/O KUMBARAKATTER HADI MALURU, BALELE, VIRAJPET TALUK, KODAGU DISTRICT-571 218.

…APPELLANT (BY SRI. H.S. SURESH, ADVOCATE)

AND:

Digitally signed by SUMA B N STATE OF KARNATAKA Location: HIGH BY THE CPI, GONIKOPPA CIRCLE POLICE, COURT OF REP. BY SPP HIGH COURT BUILDING, KARNATAKA BANGALORE-560 001.

…RESPONDENT (BY SMT. SOWMYA R., HCGP)

THIS CRIMINAL APPEAL IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 29.01.2018 AND SENTENCE DATED 30.01.2018 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI, SITTING AT VIRAJPET IN S.C.NO.45/2016 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC AND ETC.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL and HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE M.G.S. KAMAL)

This appeal is by the appellant/accused aggrieved by the Judgment and order dated 29.01.2018 passed in S.C.No.45/2016 on the file of II Additional District and Sessions Judge, Kodagu-Madikeri, sitting at Virajpet, (hereinafter referred to as 'trial Court' for short) by which, the trial Court has convicted the appellant/accused for the offence punishable under Section 302 of Indian Penal Code and has sentenced him to undergo simple imprisonment for life and to pay fine amount of Rs.10,000/- and in default to pay the fine amount to undergo further simple imprisonment for six months.

2. Brief facts of the case of prosecution:

(a) That victim-Jayamala and appellant/accused being married for 10 years were residing in Kumabarakatte Hadi Malloor, Virajpet Taluk, Kodagu District. Appellant/accused was addicted to alcohol and was irregular to his coolie work. That on 01.12.2015 at about 7.30 p.m. victim-Jayamala advised the appellant/accused not to consume alcohol and to attend his work regularly. This enraged the appellant/accused to the extent throttling her neck and assaulting on her head with his hands. Thereafter with an intention to kill her, he poured kerosene on her and set her ablaze. On hearing her cries her mother, brother, relatives and neighbours came to the spot and doused the fire by pouring water. She was immediately taken to Gonikoppal Hospital in an autorickshaw on the same night. She was shifted to K.R.Hospital, Mysuru, for treatment for burn injuries.

(b) That on receiving the intimation, Assistant Sub Inspector of Police, Ponnampet visited the K.R.Hospital, Mysuru, and recorded her statement on 02.12.2015 based on which he registered a case in Crime No.124/2015 for the offence punishable under Section 307 of Indian Penal Code against the appellant/accused. Later Taluka Executive Magistrate/Additional Tahsildar recorded her dying declaration on the same day.

Submissions of learned counsel for appellant/accused:

8. Admittedly the case is based on circumstantial evidence. There is also no dispute that the victim-Jayamala died of burn injuries. The motive for commission of offence as per the prosecution is appellant/accused getting enraged by victim-Jayamala advising him to give up alcohol and to be regular to his work.

The evidence adduced by the prosecution to establish the guilt of the accused in brief is as follows:

9. PW.1- Jenukuruba Boji who is the cousin of victim and also the complainant has deposed that appellant/accused and victim were married for 10 years and were frequently quarrelling. She has spoken about she accompanying the victim-Jayamala to Gonikoppal hospital and thereafter to K.R Hospital, Mysuru for treatment. In her cross examination said witness has deposed that no complaint was given earlier against appellant/accused for he quarrelling with vic