MOHAMMED ARSHAD Vs. STATE

JUDGEMENT

(1.) The appellant has challenged his conviction and sentence for the offence punishable under Sections 498A and 306 IPC on a trial held by Fast Track Court, Bangalore City.

(2.) The facts reveal that the appellant is the husband of Lubna Begum (deceased) and their marriage was held on 31.05.2001. Through the wedlock, they have a male and female child. The appellant used to consume liquor and was assaulting Lubna Begum, his wife all along and the deceased was not able to bear the cruelty and on 07.08.2005 in the evening at about 6.30 p.m. committed suicide by pouring kerosene and setting fire on herself. Immediately, she was shifted to the hospital and her statement was recorded by PW8 Rangaswamy, Police Sub Inspector in the presence of doctor and on the basis of said statement (Ex.P9), a case was registered for the offence under Section 498A IPC and FIR (Ex.P10) was sent to the Magistrate. During the treatment, her dying declaration (Ex.P18) was recorded by PW14 A S Patil, the Taluka Executive Magistrate in the presence of doctor and it is on 11.08.2005 at 12.15 p.m. she succumbed to the burns. The inquest was held on the body of deceased and the dead body was sent for postmortem examination and the postmortem report (Ex.P17) was secured. At the time of spot mahazar, Mos.1 to 3 were seized. On completion of investigation, chargesheet was laid against the accused for the offence under Sections 498A and 306 IPC.

(3.) Learned Counsel for the appellant was absent on all occasions in the past and therefore, Sri.B M Mohan Kumar, Advocate is appointed as Amicus Curiae.