MALLIKARJUNA RAMANJINEAIAH AND ANOTHER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The case of the prosecution is that accused No. 1 is the husband of the deceased Smt. Usha and accused No. 2 is the mother of accused No. 1. That on 07.05.2011, the deceased along with her husband had visited Roopanagudi to attend a marriage of their relative. On 08.05.2011, they returned back to Bellary at about 10.00 a.m. Thereafter, the accused picked up a quarrel with the deceased. At about 11.00 a.m, with an intention to kill her they suspected her fidelity and both of them poured kerosene on her and accused No. 1 lit the fire. As a result, the deceased sustained grievous bum injuries. She was taken to VIMS Hospital, Bellary and admitted in the burns ward. On receipt of MLC, the Tahsildar/Taluka Executive Magistrate visited the hospital and recorded the dying declaration of the victim. The mother of the deceased lodged a complaint before the APMC yard police station, Bellary, and a case was registered. Investigation was taken up. Charge-sheet was filed against the accused for the offences punishable under Sections 498A and 302 read with 34 of Indian Penal Code. The case was committed for trial. The accused pleaded not guilty.

(2.) Sri. J. Basavaraj, learned counsel for the accused contends that the trial Court failed to consider the material evidence on record. The trial Court has accepted the dying declaration without any proof. The dying declaration does not prove the requirements in law. Therefore, the entire case of the prosecution case is faulty. That the dying declaration is made up by the prosecution, which cannot be accepted. Hence, he sought for reversal of the judgment and order and pleads for acquittal.

(3.) On the other hand, Sri. V.M. Banakar, Additional State Public Prosecutor defends the same. He contends that there are two dying declarations. The doctors have opined that the deceased was in a fit condition and she was capable to give her statement. Therefore, there is nothing to disbelieve the dying declaration Hence, he sought for dismissal of the appeal