MURALI ALIAS MURALIDHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE case of the prosecution discloses that one Smt. Akshatha (deceased) is the wife of accused. THEy were married about 12 years prior to the incident. THE accused was addicted to alcohol and frequently inflicting physical cruelty of beating the deceased. In this regard there was an intervention of the elders in vain to advise the accused to desist from inflicting physical cruelty.

(2.) ON 10-3-2004 at about 9.00 a.m. in the morning there was a quarrel. The accused started abusing the deceased. The accused doused the deceased with kerosene and lit fire. The deceased was brought to the hospital at about 10.15 a.m. by P.W. 2-brother of the accused. H.C. - P.W. 20 recorded the statement of the deceased at Ex. P. 29 and the same is registered as FIR-Ex. P. 30. The T.E.M. has recorded dying declaration of the deceased at 8.30 p.m. The injured was shifted to Hospital at Bambolim - Goa. She was an inpatient for 30 days. P.W. 13-father of deceased got the injured discharged against the medical advise to his house. The injured was again treated at Manipal hospital and was in the hospital as inpatient till her death on 19-5-2004.

(3.) THE contents of Ex. D. 1 discloses that patient was fully conscious. D.W.1-Doctor who admitted the injured and examined her has clearly stated that patient was conscious and Ex. D. 1 was written after enquiry with the patient. D.W. 1 comes to the hospital at 2.00 p.m.