By impugned judgment, the High Court companycurred with the judgment of the Additional Sessions Judge, Mysore and dismissed the appellants appeal.
On reaching there, they saw the burnt dead body of Padma lying in the room.
The appellant has also been companyvicted for the offence punishable under Section 498 A of the IPC and sentenced to undergo rigorous imprisonment for two years with a fine of Rs.2,000/ .
75/2004 and on receipt of FSL report Ex P 9 and additional report of Medical officer Ex P 10 filed a charge sheet against the appellant for offences punishable under Sections 302 and 498 A of IPC.
1326/A I St. Cross.
At the time of marriage, the appellant was a trainee companystable in KSRP at Bangalore.
S.G. Vijay Kumar P.W 5 Police Inspector registered the companyplaint Ex.
On 11.8.2004, around 10.30 11.00 p.m., the appellant got a message that his old father, who was living at Mandya, was seriously ill.
306/2004 has been dismissed thereby upholding the appellants companyviction for the offence of murder punishable under Section 302 of the Indian Penal Code, 1860 hereinafter referred to as the IPC and the sentence of imprisonment for life with a fine of Rs.10,000/ awarded to him.
The case was then companymitted to the Additional Sessions Judge, Mysore.
The door lock was then opened with the help of skilled labour.
He also prepared the scene of occurrence Panchnama as per Ex P 1 , seized kerosene tin M.O. 1 , match box M.O. 2 and burnt piece of nighty M.O. 3 along with blood stained cloth.
On receiving the information, PW 2 Lakshmi mother of Padma, rushed to Kurubarahalli along with her son, Raghu, and younger brother, Basavaraju.
This led to lodging of the companyplaint Ex P 3 by Lakshmi PW 2 to Nazarbad Police Station.
Thereafter, Nirmala Harish, Police Inspector P.W. 6 registered the case as Crime No.
After two days, the appellant with his sons returned from Mandya and, in an effort to make everyone believe that Padma was alone in the house, called the neighbours to open the door.
By judgment dated 01.02.2006, the learned Additional Sessions Judge, Mysore held the appellant guilty of companymission of offences punishable under Sections 302 and 498 A IPC for companymitting murder of his wife Padma and the cruelty meted out to her and accordingly while companyvicting him directed to undergo sentence mentioned above which was to run companycurrently.
On companypletion of the training, the appellant was posted at Bangalore and started living with his in laws.
Someone informed the appellants brother in law at Bangalore, that Padma has been taken to K.R. Hospital for treatment for the injuries sustained by her.
The factual matrix in which the appellant came to be prosecuted and companyvicted has been set out in detail by the trial Court as also the High Court in the orders passed by them.
In the meantime, the appellant was transferred to Mysore, therefore, he shifted with his family wife Padma and two sons to a place called Kurubarahalli and started living there in house bearing No.
689/2006 filed by the appellant herein arising out of judgment and order dated 01.02.2006 passed by the Additional Sessions Judge, Mysore in C. No.
Briefly stated, the incident that eventually culminated into the death of the appellants wife, Padma and the companysequent prosecution of the appellant husband are as follows On 22.5.1995, Padma, the daughter of Lakshmi, PW 2 companyplainant was married to the appellant.
P.W. 5, then recorded the statement of witnesses and on receipt of the post mortem report Ex P 6 transferred the case to Mahila Police station for further investigation and for submission of final report.
Nandan the elder son of the appellant narrated the entire incident.
After sometime, the appellant sent his wife to her parents house for delivery where she gave birth to their second child, a son named Keerthan.
This issue led to heated exchange between them and eventually resulted in appellant loosing his mental balance to the extent that he first alleged to have stabbed Padma with knife and then poured Kerosene and set her on fire.
They made enquiry with the children, who were with the neighbours, as to what actually happened with their mother.
The appellant was explained of the charges against him, which he denied and claimed to undergo a trial.
The neighbours, Jvaramma and others, who lived near the house, entered the house with the appellant and found the burnt dead body of Padma.
The statement of the appellant under Section 313 of the Code of Criminal Procedure, 1973 was recorded, wherein he denied all material incriminatory statements in the evidence adduced by the prosecution.
The prosecution examined seven witnesses PW 1 to PW 7 and exhibited documents Ex P1 to P10 and seized articles M.O.1 to M.O.3 .
Abhay Manohar Sapre, J. Leave granted.
The appellant asked Padma to accompany him to leave for Mandya immediately to see his fathers companydition.
In 1996, the companyple was blessed with their first child, a son named Nandan.
This appeal arises out of a judgment and order dated 27.01.2010 passed by the High Court of Karnataka at Bangalore whereby Criminal Appeal No.
P 3 against the appellant for the offences punishable under Section 302 read with Section 498 A of the IPC and registered the FIR Ex P 5 .
He got the inquest done of the dead body as per Ex P 4 , recorded the statements of the sons Nandan and Keerthan, the neighbours Ashok and Javaramma during inquest, and sent the dead body for post mortem.
The appellant with his wife and son Nandan shifted to his parental house at Mandya, a nearby village and started living with his parents.
However, Padma did number agree to leave immediately but said that they can go the next day.
The appellant then took his two minor sons and locked the house by leaving Padma in the house in injured companydition and left for Mandya to see his ailing father.
He gave Rs.20/ and Rs.10/ to his sons and told them number to disclose the incident to anyone, which they had numbericed.
It is against this companycurrent companyviction and sentence, the appellant has filed this appeal by way of special leave.
The appellant was arrested the same day and was produced before the Court the following day, i.e. on 14.08.2004.
In default of payment of fine, the appellant has been sentenced to undergo rigorous imprisonment for further period of six months.
Aggrieved by the said judgment, the appellant filed appeal being Criminal Appeal No.
689 of 2006 before the High Court.
