NAGAPPA BALAPPA BANDIWADDAR Vs. STATE OF KARNATAKA
LAWS(KAR)-2016-7-61
HIGH COURT OF KARNATAKA
Decided on July 04,2016

Nagappa Balappa Bandiwaddar Appellant
VERSUS
STATE OF KARNATAKA Respondents


Referred Judgements :-

LAXMAN VS. STATE OF MAHARASHTRA [REFERRED TO]
AMARENDRA KUMAR MOHAPATRA VS. STATE OF ORISSA [REFERRED TO]


JUDGEMENT

Anand Byrareddy, J. - (1.)Heard the learned Counsel for the appellant and the learned Additional Advocate General.
(2.)The facts of the care are as follows:
The appellant was the accused before the Court below in the following circumstances. The appellant was said to be in relationship with the complainant-deceased Gandrabai. It transpires that the accused had seen Lalsab Mull visiting Gandrabai on 24th April, 2008 at about 9.00 p.m. in Nimbal village and the accused was angry and suspected the complainant of having a relationship with Lalsab Mull. It further transpires that he had immediately visited the complainant and had picked-up a quarrel and accused her of having an affair with Lalsab Mull and immediately set her ablaze by pouring kerosene on her and she had sustained serious injuries. She was admitted to hospital only on the next day at about 2.30 p.m. The complainant Gandrabai Siddram Badiger was a resident of Nimbal village. She had deserted her husband as he was suspecting her fidelity; she had two daughters and one son by the said marriage, and they were all residing with her husband. Her husband is said to have died and the two daughters also said to be dead. Subsequently, she had developed a relationship with one Dhareppa Biradar from Nimbal and Dhareppa Biradar, in turn, having died, the complainant started relationship with the accused Nagappa Waddar.

(3.)It is in this background that the accused seeing Lalsab Mull who had visited her, according to the complainant to ask her to come for coolie work, however, the accused had mistaken the incident as to there being an illicit relationship between the complainant and Lalsab Mull, and therefore, had set her ablaze on the night of 24th April, 2008 at about 9.00 p.m.


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