ILIYA @ MOHAMMED ILIYAS S/O GOUSMOHDDIN KATAGI Vs. THE STATE OF KARNATAKA REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE

JUDGEMENT

(1.) THE material facts of the prosecution case disclose that one Smt. Razia Begam is the deceased. The appellants are accused Nos. 1 to 3(for short A -1 to A -3) before the trial Court. A1 and A2 are brothers -in -law of the deceased and they are absconding. The case against them is split up. A -3 faced the trial and he is convicted for the offences punishable U/S 498A, 302 r/w Section 34 of IPC. The deceased Razia Begam teas married to one Mohammed Asif who is the elder brother of the appellant, Mohammed Asif Katagi is the husband of the deceased. Mohammed Asif was working at Dharwad as a Security Guard. The deceased was staying with accused persons and her husband was working at Dharwad and used to visit her during weekends and holidays. The accused persons suspected the fidelity of the deceased and they were quarreling with her not to go outside and to talk with neighbors. The deceased was subjected to physical and mental harassment.

(2.) ON 05.03.2005 at 5.45 P.M., when the deceased was cooking A -2 came from behind, doused her with kerosene and A -1 lit fire. The deceased tried to run out of the house. A -3 closed the doors to prevent her from going out and uttered she should die. The deceased by self effort got the fire extinguished near water tank. All the neighbors came and took the deceased to hospital and later on taken to KIMS hospital. The statement of the deceased is recorded as per Ex.P15. On the basis of Ex.P15, the case is registered by PSI in the presence of Doctor R.S. Mali who is examined as PW.13. PW -11 Tahasildar recorded dying declaration as per Ex.P -13 in the presence of doctor PW -13. The deceased succumbed to the burn injuries. The PM report discloses that the death is due to burn injuries on account of septicemia. The appellant -accused has been charged for the offences punishable U/S 498A, 302 R/W Section 3, 4 of IPC.

(3.) THE prosecution case discloses that PW -12 Abdulsab and PW -16 Nazeerahammad are uncles and PW -17 is the mother of the deceased, The dying declaration of the deceased discloses that A -1 to A -3 caused her death. The PM report discloses that the death is due to burn injuries. The trial Court on the basis of said evidence convicted the appellant -accused.