Beerangi Kemparappa Vs.
State of Karnataka  INSC 947 (6 May 2009)
JURISDICTION CRIMINAL APPEAL NO. 1124 OF 2009 Beerangi Kemparappa
...Appellant(s) Versus State of Karnataka ...Respondent(s) O R D E R Heard
learned counsel for the parties.
The appellant was
tried for an offence under Section 302 of the Indian Penal Code (IPC). The
allegation against the appellant was that he had murdered his wife Smt. Naremma
by pouring kerosene upon her and setting fire on 11.6.1990 in his house at
Narasimhapet, Chintamani Town, Kolar District (Karnataka). By judgement dated
4.6.1997, the trial court discarded the prosecution evidence, which included
the statement of PW-1 Smt. Sujathamma, who is none else than the daughter of
the appellant, and two dying declarations by Smt. Naremma (Ext. P-15 and Ext.
P- 18) and acquitted the appellant. On an appeal preferred by the State of
Karnataka, the High Court re-appreciated the evidence produced by the
prosecution, reversed the judgment of acquittal, convicted the appellant under
Section 302 IPC and sentenced him to undergo imprisonment for life and to pay
fine of Rs.5,000/-. Hence, this appeal.
We have carefully
perused the record of the case. The High Court convicted the appellant by
placing reliance upon the statement of P.W.1 -Smt. Sujathamma, which was amply
corroborated by the statements of P.W.3 - Bayamma, P.W.4 - Shri G.K.
Shankarareddy and P.W.5 - Basavaraj. In her statement, P.W.1 stated that few
days before the date of occurrence, she had gone to the house of her parents as
she was in the family way and there she delivered a child. She categorically
stated that on 11.6.1990, while her mother was in the kitchen, the appellant
came there, poured kerosene upon her and set fire. In their statements, P.Ws.
3, 4 and 5 gave out that they found the deceased burning and crying outside her
house and they took her to the hospital. The prosecution evidence also reveals
that on receipt of telephonic call from the doctor of Government Hospital,
Chintamani Town, and A.N. Ranjanna (PW-14) who was then working as Police
Sub-Inspector, Chintamani Town Police Station, reached the hospital and
recorded the statement of Naremma. He then sent requisition to Tehsildar,
Chintamani Town, namely, B.R. Krishnan (PW-10). The latter came to the hospital
and recorded the dying declaration Ext.P-15 of Smt.
Naremma. The High
Court has given detailed reasons for relying upon the oral testimony of PW-1,
PW-3, PW-4, PW-5, PW-10 and PW-14 and two dying declarations, i.e., Ext. P-15
and Ext. P-18 and there is no perversity in the conclusions recorded by it. In
view of this, it must be held that the High Court was fully justified in
reversing the order of acquittal passed by the trial court and the impugned
judgment does not require interference by this Court.
accordingly, fails and the same is dismissed. Bail bonds of the appellant, who
is on bail, are cancelled and is directed to be taken into custody to serve out
the remaining period of sentence.
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