DHANRAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction dated 21.06.2011 passed by the Presiding Officer, Fast Track Court -XVII, Bangalore City in S.C.No.574/2010 is the subject matter of this appeal filed by the convicted accused.

(2.) THE case of the prosecution in brief is that deceased Meena is the wife of the accused Dhanaraj. They were married against the wishes of the parents of the deceased. They were living amicably. Subsequently, the accused started suspecting the fidelity of the deceased and consequently, he used to torture the victim repeatedly both physically and mentally. At about 8.00 p.m. on 10.01.2010, the accused and the deceased only were present in their house situated at Lakshmidevi Nagar, Laggere, Bangalore. The accused suspecting the fidelity of the victim Meena, poured kerosene and set her ablaze and as a result of which, the deceased died of burn injuries at Victoria Hospital on 14.01.2010 at 5.00 a.m. Thus according to the case of the prosecution, the accused committed the murder of the deceased by setting her ablaze.

(3.) IN order to prove its case, the prosecution in all examined 13 witnesses and got marked 10 Exhibits and three Material Objects. As aforementioned, the Trial Court has convicted the accused under Section 302 of IPC solely relying upon the Dying Declaration and the evidence of P.Ws.2 and 10. P.W.2 is the Doctor before whom the Dying Declaration Ex.P2 was recorded. P.W.10 is the Assistant Sub -Inspector of Police of Rajagopal Nagar Police Station. He recorded the Dying Declaration in the hospital in the presence of P.W.2.