PRAKASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The sole appellant was convicted by the trial court u/s. 302 of the Penal Code (for short "IPC") and sentenced to undergo imprisonment for life and to pay fine of Rs. 1000.00; in default, to undergo simple imprisonment for a period of one month. He was also convicted u/s. 498A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs 500; in default, to undergo simple imprisonment for a period of fifteen days. The appellant was further convicted under Ss. 3, 4 and 6 of the Dowry Prohibition Act, 1961, and sentenced to undergo rigorous imprisonment for a period of five years, six months and six months respectively, apart from fine. All the sentences were, however, ordered to run concurrently. On appeal being preferred, the High Court upheld the convictions. Hence, this appeal by special leave.

(3.) The occurrence in the present case is said to have taken place on 27.10.1996, at 8.00 p.m. in the house of the appellant, who was husband of the victim lady, Veena. Immediately after the occurrence, the victim was removed to hospital where at 8.40 p.m. on the same day, Hariram Bhandari, Inspector of Police recorded dying declaration, which has been marked as Ext. P-19, in which she has clearly stated that she received burn injuries because of accidental fire. Hariram Bhandari, Inspector of Police, who recorded the statement, is dead and the dying declaration has been proved by PW 14 (Smt. Anasuya A.), who is another investigating officer. This witness has stated that during the course of investigation, she had seen this dying declaration. This Ext. P-19 is the earliest version of the occurrence. We have been taken through Ext. P-19 and the evidence of PW 14. We do not find any reason to doubt the veracity of the aforesaid dying declaration, which is the earliest version in point of time.