IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6^TH DAY OF FEBRUARY 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS JUSTICE GEETHA K.B.

CRIMINAL APPEAL NO.100059 OF 2022 (C)

BETWEEN:

BASANNA S/O. GANGAPPA BELAVIGI @ BASAVARAJ @ BASAPPA, AGE: 44 YEARS, OCC. LABOURS, R/O. MAKANUR, TQ. RANEBENNUR, DIST. HAVERI.

…APPELLANT (BY SRI.NAMADEV SEETARAM BADIGER, ADVOCATE)

AND:

STATE OF KARNATAKA SAROJA THROUGH KUMARPATTANAM POLICE STATION, HANGARAKI R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, Digitally signed by SAROJA HANGARAKI Location: HIGHCOURT DHARWAD BENCH.

OF KARNATAKA D D H H A A R R W W A A D D BENCH …RESPONDENT (BY SRI.M.B. GUNDWADE, ADDITIONAL SPP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374 (2) OF CR.P.C., PRAYING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT DATED 05.09.2019 AND ORDER OF SENTENCE DATED 07.09.2019 PASSED BY 2^ND ADDITIONAL DISTRICT AND SESSIONS JUDGE, HAVERI SITTING AT RANEBENNUR IN S.C.NO.72/2017 CONVICTING THE APPELLANT FOR THE OFFENCES 498(A) AND 302 OF IPC THEREBY ACQUIT THE ACCUSED IN S.C.NO.72/2017 FOR THE OFFENCE 498(A) 302 OF IPC AND ETC.

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

CORAM: THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE GEETHA K.B.)

This is the appeal filed under Section 374(2) of Cr.P.C.

by the convicted accused, challenging the Judgment of conviction dated 05.09.2019 and Order of Sentence dated 07.09.2019 in SC No.72/2017 on the file of II Additional District and Sessions Judge, Haveri sitting at Ranebennur, (for short ‘Trial Court’) convicting the accused for the offences punishable under Section 498-A and 302 IPC, sentencing him to undergo rigorous imprisonment for one year and to pay fine of ₹.5,000/- for the offence punishable under Section 498-A IPC; Life imprisonment and to pay fine of ₹.5,000/- for the offence punishable under Section

302 IPC.

2. Parties would be referred with their ranks as they were before for trial Court for the sake of convenience and clarity.

3. It is the case of prosecution that the marriage of deceased-Sakamma had taken place with accused about ten years prior to the incident. On 27.03.2017, at about 08.00 a.m., when the deceased demanded money with accused to celebrate Ugadi festival, accused abused her in filthy language and told that if she is alive, she would ask money and accused was also suspecting the fidelity of his wife; thus, with an intention to murder her, he poured Kerosene oil on her and set fire, due to which she sustained burn injuries, immediately she was shifted to Government Hospital, Harihar; on the same day at 10.15 p.m., she was shifted to Chigateri General Hospital, Davanagere and then to S.S. Hospital, Davanagere wherein she succumbed to burn injuries on 01.04.2017 at 1.37 p.m.

4. On 29.03.2017, statement of deceased was taken by the police in presence of the doctor and sister of victim- Smt.Basamma from 7.00 p.m. to 8.30 p.m. as per Ex.P.11 and on the same day from 10.55 p.m. to 11.25 p.m. her statement was recorded by the Tahasildar as per Ex.P.36 wherein the deceased told that accused poured kerosene oil upon her and lit fire with matchstick; the investigating officer after completion of investigation came to the conclusion that the death of the deceased was caused due to burn injuries and death is by pouring kerosene oil upon her and litting fire by accused. The inquest report and postmortem report establish that the death was due to septicemia as a result of 45-50% burn injuries.

5. After filing the charge sheet, the learned JMFC has taken cognizance of the offences and committed the case to Sessions Court wherein, the case is numbered as S.C.No.72/2017. Accused was in judicial custody. After hearing both sides, charge was framed for the offences punishable under Sections 498-A and 302 of IPC against accused. Accused pleaded not guilty and claimed trial when charge is read