IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE 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  

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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,  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.

The appeal, 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.   

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, May 06, 2009.