MEHIBOOBSAB ABBASABI NADAF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant herein is the husband of the deceased Hussainbi. They were living at a village known as Dodwad. On 29.05.2004 at about 11.00 a.m., the appellant is said to have asked the deceased to put a shirt on their son Inayat. She allegedly did not do so. Appellant is said to have assaulted her with a broomstick. She was also allegedly abused by her mother-in-law and father-in-law. When allegedly she had fallen down, the accused No. 3 (mother-in-law) brought a wick stove and poured kerosene on her body and the accused No. 2 (father-in-law) ignited the matchstick setting her on fire. She suffered serious burn injuries. She was taken to the District Hospital. She was later on shifted to KLE Hospital Belgaum where she succumbed to her injuries on 3.06.2004.

(2.) A short question which arises for consideration before us is as to whether having regard to the contradictory and/ or inconsistent stands taken by the deceased in her dying declarations, the impugned judgment can be sustained in law.

(3.) The deceased had made four dying declarations; two before the medical officers, one before the Executive Magistrate and one before the police officer. In her statements before the medical officers, she alleged that while she had been cooking in her house in the morning at 11.00 hours on 29.05.2005, accidentally, the stove burst and she sustained burn injuries. In her dying declaration recorded by Parappa Gurappa Thotagi, ASI Doddawada Police Station on 30.05.2004 at about 8.30 a.m., she alleged: