STATE OF KARNATAKA Vs. BASAVARAJ

JUDGEMENT

(1.) THIS appeal assails the correctness of the order of acquittal recorded by the learned 3rd Addl. Sessions Judge, Dharwad in Sessions Case No. 110/1993. The complaint of the wife pursuant to which the husband and his mother had been charge-sheeted for offences punishable under Ss. 498-A and 302 r/w S. 34, I. P. C. Unlike in the matter of wife burning while the allegation is essentially of the demand for property, dowry, money etc. , this case is slightly different in so far as the admitted position is that the accused-husband who was living in Room No. 4 of the temple along with the deceased-wife Usha is alleged to have been doing some business of selling brandy and the deceased-wife had objected to this activity being carried on by him as a result of which there used to be serious disputes and quarrels. There is some suggestion from the wife's family members that because of the objection raised by the deceased that she was being badly treated by the husband and his mother and even being starved at times. It is not very certain as to when exactly the incident took place. It appears to have occurred on the evening of 31-5-1993 when Usha was found to be severely burnt and had to be removed to the hospital. The prosecution version is that the two accused who were extremely fed up with Usha for having disrupted their illegal activity decided to do away with her; and A-2 had caught her legs while A-1 poured kerosene on her clothes and lighted a match with which he set fire to her clothes. We need to mention here that there is also an opposite version as appears from the Medico Legal Register wherein on her admission in hospital wherein the history is given as accidental burns sustained from the stove while cooking. The Police registered the dying declaration on 5-6-1993 wherein Usha has very clearly implicated both the accused as the persons responsible for setting her on fire. Usha died on 7-6-1993 and accused were both charge-sheeted and put for trial. The learned trial Judge after assessing the evidence recorded the finding that a conviction is unsustainable and, therefore, acquitted the accused. The State assails the correctness of that order through the present appeal.

(2.) THE learned Advocate B. Anand has appeared as amicus curiae counsel on behalf of the accused.

(3.) THE principal submission canvassed on behalf of the prosecution is that the deceased-Usha was a simple village woman, that admittedly she did sustain serious burn injuries as a result of which she ultimately died and that if the injuries in question were accidental, that there was no valid reason as to why she would falsely implicate her husband and mother-in-law.