GURUNATH Vs. THE STATE

JUDGEMENT

(1.) The appellant has challenged his conviction and sentence for the offence punishable under Sec. 302 IPC on a trial held by the Sessions Judge, Fast Track Court No. 1 at Gulbarga.

(2.) The facts reveal that Laxmi Bai (the deceased), sister of PW -1 was married to the accused five months earlier to the incident. After marriage, when she started living with the accused, she is said to have subjected to cruelty and harassment. The accused was suspecting her fidelity and ultimately on 20.06.2002 at about 8.00 PM the prosecution alleges that the appellant -accused caused her death by pouring kerosene. She sustained severe burns and was taken to the hospital by her mother -in -law and brother -in -law at 10.00 pm. When she was admitted in the hospital while under treatment, her statement was recorded by the police and on the basis of the said statement a complaint was registered in Crime No. 27/2002 for the offence punishable under Ss. 498(A) and 307 of IPC and Ss. 3, 4 and 6 of the Dowry Prohibition Act. Her dying declaration was recorded by the Taluk Executive Magistrate and on 27.06.2002 she succumbed to the burn injuries.

(3.) The inquest was held in the presence of the attesting witnesses under Ex. P5 and the body was sent to the postmortem examination. The spot mahazar was held under Ex. P15, the postmortem was done under Ex. P20. During the investigation, the sketch map Ex. P -21 was drawn and the photographs of the scene of occurrence were taken. The Investigating Officer recorded the statement of the witnesses. M.O. Nos. 1 to 3 were seized during the course of investigation and were sent to the opinion of the experts. Ex. P22 the FSL report was secured. After collecting the required documents, a charge sheet was laid against the accused (the appellant herein) for the offence punishable under Ss. 498(A), 302, 304 -B of IPC and Ss. 3, 4, and 6 of Dowry Prohibition Act.