RURAL POLICE SHIMOGA Vs. TANVEER ALIAS THANVEER PASHA

JUDGEMENT

(1.) WE have heard the learned Counsel on both sides.

(2.) WE have applied our mind very seriously to the records of this case, because the allegation is that the accused has been convicted for the offence under Section 498-A IPC, he was also responsible for the death and the State had appealed against the acquittal under the main charge.

(3.) THE learned Government Advocate has vehemently argued that at the point of time when the deceased Shabana was on fire and the neighbors intervened, that she only shouted out asking them to save her and that it would not be an appropriate occasion for her to disclose as to who had set her on fire. Also her the submission is that the entry in the Medical/ Legal Register is not of much assistance to the accused because that is only the summary of information conveyed to the doctor and that consequently, the Court must rely on the two dying declaration and the fact that there is an adverse verdict of 498-A IPC which establish that the accused was habitually torturing his wife. The submission canvassed is that this head of evidence clearly establishes the main charge also.