Karnataka High Court Upholds Husband's Murder Conviction, Life Term For Setting Man Ablaze Over Suspicion Of Affair With Wife

The Karnataka High Court upheld a trial court order convicting a husband for murder who poured petrol and set ablaze a man over suspicion of affair with his wife, observing that he had the intention to commit the offence. In doing so the court affirmed the dying declaration of the deceased as well as the evidence of the eye-witnesses, finding it credible and without any material contradiction.The accused had contended that he did not have any intention to take away the life of the deceased and sought reduction of sentence.A division bench of Justice HP Sandesh and Justice Venkatesh Naik T in its order said:"On perusal of the material available before the Court, it is very clear that the accused went to the spot with petrol can (bottle), match box, poured petrol and set fire on the deceased...When such material is found, the argument of the learned counsel for the appellant that there was no intention to take away the life of the deceased cannot be accepted. Hence, we do not find any errors on the part of the trial Court imposing the sentence of life imprisonment and fine. Further, the Courts have to take note of with regard to the sentencing policy and the sentence must commensurate with the gravity of the offence. Having considered the gravity of the offence that the accused taken away the life of the deceased when he was alive, the very argument of the learned counsel for the appellant cannot be accepted even for reducing the sentence". The bench further observed that the deceased's dying declaration was recorded by the Investigating Officer in the presence of concerned Doctor and the evidence of the Doctor was also very clear that the injured/victim was conscious and in fit state of mind to give statement."It is also emerged that the injured had sustained injuries up to 40 to 45% and the injured died, after four days of the alleged incident. Further, nothing is elicited from PW10- Doctor that the injured was not in a position to give statement and a suggestion was also not made to him and to PW13- Investigating Officer denying the same. When such being the case, this Court cannot doubt the statement of the deceased recorded by the Investigating Officer in the presence of the Doctor. Hence, this Court can rely on Ex.P6 as a dying declaration made by the deceased and the same was considered by the trial Court," the court said. With respect to the motive the bench noted that the wife of the accused had clearly deposed that the deceased was working under her for the last ten months and the accused was suspecting her fidelity. The court noted when the accused started suspecting his wife's fidelity, a panchayat was conducted which was confirmed by the witnesses. "When these witnesses have categorically deposed before the Court the reason for the accused committing the murder that he was having suspicion about the fidelity of his wife, the trial Court accepted the reason of motive," the court said. The court was hearing a man's appeal challenging a trial court order convicting him for murder and sentencing him to life imprisonment. The prosecution alleged that the wife of the accused, was working with the decease as Interior Decorator Entrepreneur. The accused suspected that his wife and the deceased were having illicit relationship and in that connection, the accused had allegedly threatened the deceased a month ago before the alleged incident.Out of this ill-will, on 20.10.2019 when the deceased was standing near a tea stall, the accused came with petrol in a plastic can, poured it over the deceased and set him on fire, as a result of which he succumbed to burn injuries on 24.10.2019. The trial court considered the oral and documentary evidence, particularly, the evidence of eyewitnesses and also considering the FSL report came to the conclusion that the accused committed the murder of the deceased and sentenced him to life. With respect to evidence of eye witnesses, the court noted that they had not disputed their presence at the spot and had testified to the accused pouring petrol and setting the deceased. "Their evidence is very credible and nothing is elicited contrary to each other. It is settled law that if material contradiction is found in eyewitnesses' account, then the Court can doubt the same, but no such circumstances warranted in the case on hand. Hence we do not find any grounds to ignore the evidence of eyewitnesses account," the court said. The court dismissed the appeal.Case title: ASIF v/s STATE OF KARNATAKACRIMINAL APPEAL NO.2072 OF 2023Click Here To Read/Download OrderCitation: 2025 LiveLaw (Kar) 77

Karnataka High Court Upholds Husband's Murder Conviction, Life Term For Setting Man Ablaze Over Suspicion Of Affair With Wife

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