STATE OF KARNATAKA Vs. ARUN JOSEPH

JUDGEMENT

(1.) BY judgment and order dated 21.08.2009 in S.C. No.678/2004 on the file of the Fast Track Court VIII, Bengaluru City, the accused has been acquitted of the charges under Sections 498(A) and 306 of IPC. Aggrieved by the judgment and order, the State has preferred this appeal.

(2.) THE case of the prosecution in brief is as under: The accused -Arun Joseph is the husband of deceased - Smt. Jareenmary @ Jannifeer. After their marriage they led happy marital life for about a month or two. Thereafter, the deceased was subjected to ill -treatment and harassment by the accused (her husband). As a result, on 25.07.2004 at about 3.30 p.m., she set fire to herself by pouring kerosene. She suffered extensive burn injuries. Immediately, she was shifted to Victoria Hospital where her statement came to be recorded as per Ex.P1 by the Police Officer in the presence of Medical Officer, wherein she stated that on account of stove burst she caught fire and sustained burn injuries. After coming to know of the incident, PW.1 -Sagai Mary, elder sister of the deceased rushed to Victoria Hospital and on information given by her, other brothers and sisters also came to the hospital to see the injured. On 29.7.2004, she gave another statement as per Ex.P -2 stating that due to the harassment, cruelty and ill -treatment meted out to her by her husband suspecting her fidelity she poured kerosene and set her ablaze. While undergoing treatment she died on 31.7.2014. On the strength of Exs.P -1 and P -2 statements of the victim, D.J. Halli police registered a case in Crime No.191/2004 for the offences punishable under Sections 498(A) and 306 of IPC. The Investigating Officer upon completion of investigation filed charge -sheet against the accused (husband of deceased) for the aforesaid offences. In order to prove the charges levelled against the accused, prosecution in all examined as many as 17 witnesses as PWs.1 to 17, marked Exs.P1 to 13. The learned Sessions Judge on appreciation of evidence recorded a finding that the prosecution failed to establish both the charges levelled against the accused which resulted in acquittal of the accused by the impugned judgment and order. Aggrieved by the same, the State is before this Court.

(3.) XXX XXX XXX