STATE OF KARNATAKA Vs. LAKSHMANAN

JUDGEMENT

(1.) The judgment and order of acquittal dated 30.10.2010 passed by the Sessions Court, Bangalore City (CCH. No. 46) in SC. No. 477/2007 is appealed against by the State.

(2.) Case of the prosecution in brief is that the accused and the deceased Shanthi are the married couple; their marriage was performed about 20 years prior to the incident in question; out of the said wedlock three children were born; all of them were living under the same roof along with the sister of the deceased (P.W. 2); the accused was a drunkard and he was not doing any work properly; consequently, the deceased who was earning as a maid servant used to look after the family including the expenses of the accused; whenever the deceased used to question the accused about his bad habits and his conduct of non -earning, he used to assault her mercilessly.

(3.) Smt. Anitha, learned Government Pleader appearing on behalf of the State taking us through the entire material on record including the judgment of the Court below, submits that the Court below is not justified in brushing aide the four dying declarations; the dying declarations clearly reveal the complicity of the accused for causing the death of the deceased; it is well settled principle of law that the dying declaration if proved alone will be sufficient to bring home guilt against the accused; since the dying declarations are supported by the evidence of the doctor, who has issued certificate relating to the fitness of the victim to make statement, the Court below ought to have convicted the accused for the offences with which he was charged.