PUNIT Vs. STATE OF KARNATAKA REPRESENTED BY PSI

JUDGEMENT

(1.) Whether the trial court was justified in marking the photographs and Compact Disc (CD) as Exs.P-2 and 3 in S.C. No.91 of 2017 against the present petitioners, is the question involved in this case.

(2.) The petitioners are facing trial in S.C. No.91/2017 on the fi le of I Additional Sessions Court, Bagalkot for the charges for the offences punishable under Sections 498, 504, 323 and 302 read with Section 34 of the Indian Penal Code, 1860. It is al leged that petitioner No.1 being the husband, petitioner No.2 being the mother-in-law of the deceased Ashwini subjected her to physical and mental cruelty and on 04.09.2016 at 04.30 p.m. in his house, petitioner No.1 with an intention to commit murder of Ashwini, doused her with kerosene and set her on f ire. It is further al leged that due to the burn injuries, she died on 13.09.2016 at 00.40 hours.

(3.) When CW2-the inquest witness was being examined as PW-1, learned Publ ic Prosecutor sought to mark the photographs of the dead body and Compact Disc out of which the photographs were developed as the documents in the evidence. However, the defence counsel opposed marking of the said documents on the ground that they are not accompanied by the Certif icate as required under Section 65 of the Evidence Act, 1872 relating to electronic document.