STATE Vs. SWAMY AND ORS.

JUDGEMENT

(1.) The judgment and order of acquittal dated 17.1.2011 passed by the District and Sessions and Fast Track Court3 IV, Bengaluru in S.C. No.448/2007 is called in question in this appeal by the State.

(2.) Case of the prosecution in brief is that deceased Kalavathi is the wife of Thimmaraju; the said Thimmaraju was in the job of fixing tiles to the houses; the deceased was working as a tailor in garments factory; since they did not have sufficient work in their native place, they came to Bengaluru in search of work; as the deceased and her husband did not have shelter to reside at Bengaluru; they came to the house of accused No.1 (Swamy @ Srinivasa) and requested him to give them shelter in his house; in the house of accused No.1 (Swamy @ Srinivasa), other accused were already living along with him; accused No.1 permitted the deceased and her husband also to live in the house for about one month by taking advance amount of Rs.2,000/-; accordingly, the deceased and her husband paid Rs.2,000/- and started to stay in the said house; on the date of incident i.e., on 14.7.2003 at about 10.00 a.m., when the husband of the deceased was not in his house and had gone to the work, all the accused came to the house and started to quarrel with the deceased in the matter of vacating the house; at that time, the deceased told the accused that she and her husband would vacate the house if Rs.2,000/- paid by her as advance amount is repaid to her; the accused 2 to 5 having pronounced that they would not repay the said amount went out of the house. However, accused No.1 stayed back and poured kerosene on the victim and set her ablaze and ran away from the scene. After hearing the cries, neighbouring people rushed to the spot, extinguished fire; because of the incident, the victim lost sight of both eyes and she sustained more than 80% burns all over the body; the news reached the police officials; P.Ws.4 and 14, who were on patrolling duty during the relevant point of time, on motor cycle, rushed to the scene of offence and talked with neighbouring people, who were gathered there. On coming to know that accused No.1 doused kerosene on the victim and set her ablaze, P.Ws.4 and 14 (the police officials) called Hoysala van to the spot and shifted the victim to the hospital along with police constable No.1856. P.W.14 (Assistant Sub Inspector of Police), in the presence of P.W.4, recorded the statement of victim in the hospital as per Ex.P.23; they took permission of the doctor to record and got certificate from the doctor that the victim was in a fit condition to make statement; the endorsement of the doctor is at Ex.P.1. Based on Ex.P.23, crime No.207/2003 came to be registered for the offence punishable under Section 307 read with Section 34 of IPC in Nandini Layout Police Station.

(3.) In order to prove its case, the prosecution in all examined 21 witnesses and got marked 23 exhibits and 8 material objects. On behalf of the defence, no witness is examined. The trial Court, on evaluation of the material on record, as aforementioned, has acquitted the accused by giving the benefit of doubt in their favour.