STATE Vs. RATHNAMMA

JUDGEMENT

(1.) RESPONDENTS 1 to 5 (hereinafter referred to accused 1 to 5) were tried and acquitted for offences punishable under Sections 498 -A and 304 -B read with Section 34 IPC and also for offences under Sections 3, 4 and 6 of Dowry Prohibition Act. Therefore, the State has filed this appeal.

(2.) WE have heard learned Government Pleader for the State.

(3.) IT is the case of prosecution that accused and deceased were living cordially for a period of one year after the marriage. Thereafter, accused were demanding dowry in connection with marriage of accused No. 4 with deceased. The accused were constantly harassing and ill treating deceased and they were forcing her to bring dowry and in that connection, they were subjecting her to cruelty. Mary (since deceased) being not able to bear the dowry related cruelty meted to her by accused, set herself on fire at 10.00 a.m. on 19.8.2006 in the house of accused. Accused No. 2 shifted Mary (since deceased) to Victoria Hospital. At the first instance, statement of Mary was recorded by Assistant Sub -Inspector of Police of Jeevana Bhimanagar Police Station. The Assistant Sub -inspector of Police recorded the statement of Mary between 1.45 p.m. and 2.10 p.m., on 19.8.2006 after ensuring the condition of Mary (since deceased) from Dr. Sadashivaiah, Professor of Plastic Surgery, Victoria Hospital (PW1). On the basis of their statement, Crime No. 266/2006 was registered for offences punishable under Section 309 IPC. Ex. P1 is the statement recorded by the Assistant Sub -Inspector of Police. On 20.8.2006, the Executive Magistrate of Bangalore East, at the request of Investigating Officer visited Victoria Hospital and recorded the statement of deceased as per Ex. P20. The condition of the deceased to give her statement was certified by the Casualty Medical Officer, Victoria Hospital, Bangalore. On 22.8.2006, the Police Inspector of Jeevana Bhima Nagara Police Station visited the hospital and recorded the statement of Mary (since deceased) between 3.00 and 4.00 p.m. in the presence of Dr. Shankarappa, Professor of Plastic Surgery, Victoria Hospital. Before recording the statement of the victim, he had ascertained from Dr. Shankarappa about the mental and physical condition of the deceased to give her statement. PW9 - Dr. Shankarappa has certified the physical and mental statement of the deceased to give her statement. The deceased succumbed to burn injuries on mid night of 26.8.2006. PW21 - Dr. K.V. Sathish conducted post mortem examination on the dead body of deceased Mary and opined that death of Mary was due to septicemia as a result of burns sustained. Thereafter, Investigating Officer sent a request to include offences punishable under Sections 498 -A, 109, 304 -B IPC and also for offence punishable under Sections 3, 4 and 6 of Dowry Prohibition Act. After investigation, final report was filed against accused for the afore stated offences.