THE STATE OF KARNATAKA Vs. RAVI

JUDGEMENT

(1.) THE judgment and order of acquittal dated 28.08.2010 passed by the Addl. City Civil & Sessions Court, Bengaluru City (CCH -46) in S.C. No. 209/2007 is called in question in this appeal by the State.

(2.) CASE of the prosecution in brief is that accused and deceased Geetha were loving each other since fifteen years prior to her death; after the marriage, the couples started residing at Vaderahalli Extension in a rented house; they had two daughters namely Sindhu and Bindhu, aged about 12 years and 9 years respectively; the accused used to scold the deceased Geetha that she is not working and that he alone is working; on the ground that deceased was not working and sitting in the house idle, the accused was insisting the deceased to go for work; since the deceased did not go to work, accused used to abuse and assault her often; at 2.00 p.m. on 11.05.2006 accused started quarreling with the deceased; the deceased got into the bedroom and bolted from inside; the accused in order to commit murder of the deceased, poured kerosene on her through the slit in between the two shutters of the door and set her ablaze by lighting the matchstick and throwing it through the slit; the deceased started crying loudly; the neighbours to the house rushed to the spot and broke open the door; the accused in order to save the life of the deceased, tried to extinguish the fire; however, he also sustained some burn injuries.

(3.) IN the matter on hand, the case of the prosecution fully rests on the dying declaration (Ex. P -14) allegedly made by the victim. It is not in dispute that the accused also sustained injuries; it is also not in dispute that the accused tried to save the life of the victim by breaking open the door with the help of neighbours and he shifted the victim to the hospital. Though it is the case of the prosecution that accused did not have children, the material on record amply shows that the couple had got two children namely Sindhu and Bindhu, aged about 12 years and 9 years respectively. Sindhu is examined as P.W. 10; she admits before the Court that she is the daughter of deceased and Bindhu is her sister; P.W. 10 has specified that after hearing the screaming sound, she rushed to the house and seen the burning scene of her mother. At the time of the incident, she was playing in front of the house with other children and only after hearing screaming sound, she went inside the house, at that time, The neighbours, who were gathered, had broke open the door and tried to extinguish the fire; she does not know as to who is responsible for the death of her mother Geetha.