Ravi Kumar Versus State of Karnataka

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No. 2494 OF 2014

(Arising out of S.L.P.(Crl.) No. 2307 of 2012)

  1. Ravi Kumar Appellant(s)

Versus

State of Karnataka Respondent(s)

 

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. 689/2006 filed by the appellant herein arising out of judgment and order dated01.02.2006 passed by the Additional Sessions Judge, Mysore in S.C. No. 306/2004 has been dismissed thereby upholding the appellant’s conviction 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 ofRs.10,000/- awarded to him. In default of payment of fine, the appellant has been sentenced to undergo rigorous imprisonment for further period of six months. The appellant has also been convicted for the offence punishable under Section498-A of the IPC and sentenced to undergo rigorous imprisonment for two years with a fine of Rs.2,000/-. In default of payment of fine, the appellant has been sentenced to undergo rigorous imprisonment for further period of two months. Substantive sentence for both the offences are directed to run concurrently. The factual matrix in which the appellant came to be prosecuted and convicted has been set out in detail by the trial Court as also the High Court in the orders passed by them. Therefore, we need not recapitulate the same all over again except to the extent it is necessary to do so for the disposal of this appeal.

Briefly stated, the incident that eventually culminated into the death of the appellant’s wife, Padma and the consequent prosecution of the appellant/husband are as follows:

(a) On 22.5.1995, Padma, the daughter of Lakshmi, PW-2 (complainant) was married to the appellant. At the time of marriage, the appellant was a trainee constable in KSRP at Bangalore. On completion of the training, the appellant was posted at Bangalore and started living with his in laws. In 1996, the couple was blessed with their first child, a son named ‘Nandan’. The appellant with his wife and son (Nandan) shifted to his parental house at Mandya, a nearby village and started living with his parents. 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’. 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. 1326/A I St. Cross.

(b) 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. The appellant asked Padma to accompany him to leave for Mandya immediately to see his father’s condition. However, Padma did not agree to leave immediately but said that they can go the next them and eventually resulted in appellant losing 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….read more