STATE OF KARNATAKA Vs. SYED FAREED

JUDGEMENT

(1.) WE have heard the learned Addl. S. P. P. , the learned Advocate who represents the respondent as also the learned Advocate E. R. Diwakar who has been appointed by us as Amicus Curiae counsel. The Court had the benefit of hearing both the learned Advocates who have represented the respondent and the reason for this is because despite notice from this Court the respondent had remained unrepresented earlier. We therefore appointed learned Advocate E. R. Diwakar as Amicus Curiae. He has read the record got ready with the case and he has advanced certain submission. In the meanwhile of often happens the accused has engaged his own learned Advocate and we have heard the learned Advocate Sri. Gachchinamath also on behalf of the respondent-accused.

(2.) THE learned Additional S. P. P. is fully justified in his submission that the evidence of PW. 1 Bismillabi who is the second wife of the accused is virtually flawless. Her evidence is also corroborated by the medical evidence which establishes that she had sustained minor burn injuries. She has pointed out to the Court that when the accused set her saree on fire she immediately threw the garment off and extinguished the flames and this was how she saved herself. The learned trial Judge has, without any due application of mind acquitted the accused and there is really no justification for passing of this order.

(3.) IT is true that the respondents learned Advocates have harped on certain significant aspects, the first being that the injuries are very minor and that the Doctor has admitted that he did not smell any oil on the clothes when the injured was brought to the hospital, the obvious reason for this is because Bismillabi herself has pointed out that she pulled the saree off and threw it away in order to avoid getting burnt and consequently, that this was a case in which edible oil has been used and that too in a small quantity and that is the obvious reason why there was no smell of kerosene oil, unlike all the other wife burning cases where the accused use kerosene oil.