STATE Vs. PARAMESHWARAPPA AND ORS.

JUDGEMENT

(1.) The Judgment & Order of acquittal dated 23.7.2011 passed by the I Fast Track Court, Shimoga in Sessions Case No. 111/2008 is called in question in this appeal by the State Government. By the impugned Judgment, the trial Court has acquitted the accused of the offences punishable under Ss. 498 -A, 114, 302 r/w Sec. 34 of IPC.

(2.) Case of the prosecution in brief is that the deceased Bhagya is the husband of Accused No. 1 -Parameswarappa; Accused Nos. 2 and 3 are mother and brother of Accused No. 1; the accused used to harass the victim on one pretext or the other; Accused No. 1 was addicted to consuming alcohol and he used to torture the deceased both physically and mentally; at about 11.30 p.m. on 2.4.2008, the Accused No. 1 came to the house after consuming liquor; he quarreled with the victim and thereafter poured kerosene on her and set her ablaze; the incident has taken place in the matrimonial house wherein Accused No. 1 and the deceased only were residing; they did not have any children; Accused No. 1 and the deceased had married 13 years prior to the incident in question; immediately after the incident, the victim was shifted to Mc Gann hospital, Shimoga at about 00.20 hours on 3.4.2008 by her brothers (PW.4 and PW.5) with the help of PWs.1 to 3; Soon after the admission of the patient to the Mc Gann hospital, the said hospital had issued the medico legal case intimation to the Police as per Ex. P29; During the course of treatment at Mc Gann hospital, Shimoga, the Assistant Sub -Inspector of Police (PW.19) attached to Holehonnur Police Station came to the hospital and recorded the statement of the victim at 2.10 a.m. on 3.4.2008 as per Ex. P30, based on which Crime No. 41/2008 came to be registered in Holehonnur Police Station against the accused; the victim was given treatment upto 3.30 a.m. on 3.4.2008 and thereafter she was shifted to Kasturba Medical College hospital, Manipal for higher treatment. It is relevant to note that Dr. Nagaraj - PW.16 before sending the victim to Manipal hospital, has recorded the statement of the victim made before him in the case sheet (Ex. P26) maintained by the Mc Gann hospital, Shimoga at 11.45 a.m. on 3.4.2008.

(3.) Sri Majage, learned Addl. SPP taking us through the material on record has submitted that the trial Court is not justified in disbelieving the dying declarations made by the victim in both the hospitals; the dying declarations are recorded by the Police Officer, doctor and the Taluka Executive Magistrate; Ex. P18, the dying declaration recorded by the Taluka Executive Magistrate is supported by the fitness certificate issued by the duty doctor during the relevant point of time. According to the learned Addl. SPP, the trial Court ought to have convicted the accused for the offence under Sec. 302 of IPC inasmuch as the dying declarations recorded would amply prove the case of the prosecution against the accused.