SRIDHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD . Perused the records.

(2.) THE respondent police submitted charge sheet against the petitioner and another accused i.e. mother of the petitioner for the offence punishable under Sections 498(A), 304(B), 302, 301 read with Section 34 of IPC and Sections 3, 4 and 6 of DP Act. The charge sheet papers discloses that deceased Pankaja, wife of the petitioner, was given to him in marriage long back and they were living happily with each other. It is alleged that accused No. 1 mother of the petitioner often demanding an amount of Rs. 5,500/ - by way of dowry and in this regard it was alleged that there was ill -treatment and harassment by accused No. 1 to the deceased. In this back ground it is alleged that on 05.03.2012 at 9.00 a.m. accused No. 1 with an intention to kill the deceased poured kerosene on her and lit fire and thereafter accused No. 1 and the deceased were shifted to Govt. hospital, Hassan. It is the allegation that accused No. 2 has forced the deceased to give a statement that due to stove burst she sustained burn injuries. In the charge sheet the presence of the petitioner was not mentioned. The allegation against the petitioner is that he persuaded the deceased in the hospital to give favourable statement in order to save his mother. Even looking into the statement of the deceased it discloses that she made allegations against accused No. 1 and not against the petitioner. In the first statement the name of accused No. 1 was shown. But in the second statement the name of accused No. 2 was implicated. Even in the charge sheet there is no material available regarding the presence of the petitioner at the time of the incident that he poured kerosene and lit fire to the deceased or assisted his mother.