STATE Vs. KARIYAPPA ALIAS APPAIYANNA

JUDGEMENT

(1.) THIS is an appeal filed by the State under Section 378 (1) and (3) of Cr.P.C. challenging the judgment dated 20.10.2009 made in S.C. No.334/2008 on the file of the Principal District and Sessions Judge, Bangalore Rural District, Bangalore, acquitting the respondent accused for the offence punishable under Section 302 of IPC.

(2.) BRIEF facts of the case leading to the filing of the appeal may be stated as under:

(3.) SRI K R Keshavamurthy, learned Additional Public Prosecutor submits that the trial court has not properly appreciated the evidence on record and failed to assign any good ground for rejecting the dying declaration of the victim recorded by the police and the Taluk Executive Magistrate. He submits that the medical officers PW.28 - Dr. Shankarappa has certified that the victim was in a fit condition to make statement when the statement of the victim was recorded by the police and PW.31 Dr. Raja Reddy G V also certified that the victim was in a fit condition to make statement when the Taluk Executive Magistrate recorded her statement. But the trial court erred in rejecting both the dying declarations and the evidence of PW.6 - Lakshmana (son of the deceased), PW.20 Anjanappa (father of the deceased). He submits that the accused quarrelled with his wife on the ground that she did not prepare food and asking for a share in sale proceeds of land and the accused intentionally poured kerosene and set her on fire and the cause of death was on account of septicemia due to burns. Therefore, he submits that the impugned judgment may be set aside and the accused may be convicted for the offence punishable under Section 302 of IPC and award adequate sentence.