STATE Vs. MALLIKARJUN REDDY

JUDGEMENT

(1.) This appeal is filed by the State, assailing the judgment and order of acquittal dated 24.02.2010 passed in S.C. No. 236/2002, by the Principal Sessions Judge, Gulbarga.

(2.) The genesis of the case of the prosecution is that, marriage of deceased Kavita with the accused was performed on 21.04.2000. At the time of marriage, accused received cash of Rs. 50,000/- and four tolas of gold as dowry and even after marriage, accused insisted upon the deceased to bring cash and gold from her parents, apart from claiming half share in the properties of her parents and he used to ill-treat and harass the deceased. As such, she filed a divorce petition before the Family Court, Gulbarga, in M.C. No. 52/2000 and she also filed a criminal case bearing No. 155/2000. Thereafter, accused forcibly took her to his house and on 08.05.2002 at about 5.00 p.m., took the deceased into the kitchen and there he assaulted her demanding property. When the deceased resisted, he abused her and poured kerosene on her and thereafter, set her ablaze. Immediately, family members of the accused shifted her to a hospital and there, statement of the deceased was recorded by the police and a case was registered against the accused in Crime No. 87/2002. When the deceased was undergoing treatment in the hospital, her dying declaration was also recorded by Tahsildar. Subsequently, on 15.05.2002 at about 9.45 a.m., deceased succumbed to burn injuries. Thereafter, police investigated the case and filed the charge sheet against the accused. After filing of the charge sheet, by following due procedure laid down under section 207 of the Criminal Procedure Code, 1973 (hereinafter referred to as 'the Cr.P.C.'), the Committal Court committed the case to the Sessions Court. After committal, the Sessions Court took cognizance of the case, secured the presence of accused and after hearing before charge, framed the charge against the accused. Since accused pleaded not guilty and claimed to be tried, the case was set down for trial.

(3.) In order to prove the case, prosecution got examined twenty nine witnesses as P.Ws-1 to 29 and got marked 34 documents as Exs.P-1 to P-34 and also got marked M.Os.1 to 8. On behalf of the accused, no evidence was let-in, but however, during the course of cross-examination of the prosecution witnesses, they got marked Exs.D-1 and D-2. After closure of the prosecution evidence, statement of accused came to be recorded under section 313 of Cr.P.C., 1973 by putting forth the incriminating material against him and he denied the same. After hearing both sides and on evaluation of the material on record, the trial Court passed the impugned judgment, acquitting the accused. Hence, the State has preferred this appeal.