KAMALAVVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal arises out of the judgment and final order passed by the High Court of Karnataka at Bangalore whereby and whereunder the High Court set aside the judgment and order of acquittal passed by the I Addl. Sessions Judge, Belgaum under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short 'the IPC'). However, the High Court maintained the order of acquittal passed by the trial court under Section 498-A IPC.

(2.) In order to appreciate the contentions advanced by the parties and legal issues involved, it is necessary to state brief facts of the case :

(3.) On 09.04.1995 at about 6.00 p.m. a person from Hannikeri village where Shoba was then residing with her husband informed PW-1 that Shoba had sustained burn injuries and was admitted to Civil Hospital at Belgaum. On receipt of this information, PW-1 along with his wife Tangewwa (PW-2), his son Ishwar (PW-3), and others went to the hospital at about 10.30 p.m. and found that Shoba had sustained burn injuries and then they came to know from Shoba that A-1 had poured petrol over her and A-2 had set fire to her as a result of which she had sustained burn injuries. The neighbours came to the spot and put off the fire and she was taken to the hospital by her husband Prakash (PW-5). While admitting her at the hospital, the Resident Medical Officer sent a requisition to the outpost of APMC Police Station, Belgaum located at Civil Hospital, Belgaum on 09.04.1995 at about 4.00 p.m. to the effect that the Shoba had been admitted to the hospital with burn injuries and her condition was serious and, therefore, her dying declaration should be recorded. On receiving the said request PW-15 sent a requistition to the Tehsildar requesting him for recording the dying declaration of the deceased Shoba. The said Tehsildar, who is also the Taluk Executive Magistrate, recorded the dying declaration of the deceased Shoba on 09.04.1995 at the District Hospital, Belgaum. The said Taluk Executive Magistrate was also examined in the trial as PW-17 who has deposed extensively on the recording of the aforesaid dying declaration. The said dying declaration was in the question-answer form. The following question was put to the deceased Shoba as question No. 5 to which the answer was given by the deceased in the following manner :