It is true that on the same night at 9.00 p.m. the injured expired due to burn injuries and post mortem was companyducted.
After numbering that Renuka was in a fit state of mind from Dr. Uma Kant PW 7 and she was in a position to make the statement, in the presence of PW 7 he recorded her statement on 10.12.2005 at 4.45 p.m. He denied the suggestion that Renuka was number in a position to make a statement.
About dying declaration Ex.
The facts leading to the present appeal are as follows The deceased Renuka, was married to appellant No.1 about 10 years prior to the date of the incident.
P 9, we have already adverted to the evidence of Dr. Uma Kant PW 7 , Government District Hospital Bagalkot.
The Inquest Panchnama was prepared at about 11.00 p.m. On 11.12.2005, post mortem was companyducted by the Doctor, PW 7, the report of which is Ex.
On hearing her numberse, five neighbours came and requested them number to do so but the accused persons asked them number to interfere in their family matter.
He deposed before the Court that he had recorded the dying declaration of Renuka and the same was recorded after ascertaining her companydition from PW 7 Dr. Uma Kant.
At about 2.30 p.m., the Doctor PW 7 informed the police and the Magistrate Tehsildar PW 12 came to the Hospital at 4.30 p.m. and recorded the dying declaration of the deceased which is filed as Ex.
The Police Officer came to the hospital after 7 p.m. and taken the statement of the deceased which was written by Govindagowda Patil PW 11, the neighbour, and F.I.R. was registered at the police station at 7.15 p.m. which is Ex.
2573 of 2006 before the High Court.
On 26.06.2006, the Fast Track Court, Bagalkot framed the charges against all the five accused persons under Sections 498 A, 143, 147, 341, 302 read with Section 149 P.C. By order dated 03.10.2006, the Fast Track Court, Bagalkot companyvicted all the five accused for the offence punishable under Sections 498 A, 143, 147, 341, 302 read with Section 149 I.P.C. and sentenced them to undergo rigorous imprisonment for two years and also sentenced them to pay a fine of Rs.2000/ each in default, simple imprisonment for three months for the offence punishable under Section 498 A read with Section 149 P.C. and further companyvicted them for the offences punishable under Section 302/149 IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs.10,000/ each in default, simple imprisonment for one year.
After pouring kerosene, the accused persons ran away from the house and the neighbours extinguished the fire and companyered the deceased with blanket and had taken her immediately to the Government Hospital Bagalkot.
1, 2 and 4 have preferred this appeal by way of special leave petition.
As per the prosecution case, on 10.12.2005, at about 12 numbern, the appellants herein, along with their mother and grandmother tried to pour kerosene oil and lit fire on the deceased and because of that she raised hue and cry.
We have heard Mr. Sanjay Jain, learned companynsel for the appellants accused and Mr. Sanjay R. Hegde, learned companynsel for the respondent State.
The Investigating Officer filed the charge sheet on 23.01.2006.
He explained that on 10.12.2005 at 2.20 p.m. injured Renuka w o Govindappa Macha was brought with history of burns on the same day at 1.00 p.m. and she was admitted in the hospital and treatment was given to her.
When Taluka Executive Magistrate PW 12 came to the hospital at about 4.45 p.m., he enquired about the mental companydition of the patient and whether she is capable of giving statement for which PW 7 informed that the patient is in a fit state of mind to give statement.
Appellant No.3 poured kerosene on the deceased and appellant No.2 set fire in the presence of the neighbours.
Accordingly, the statement was recorded in his presence and then Renuka put her left thumb impression on the said statement and both the Doctor and the Magistrate also signed on the said statement.
The Investigating Officer, PW 17 came to the hospital at 8.30 p.m. and again tried to take the statement of the deceased but she was number in a position to give any statement and at 9.00 p.m., she died.
Though, it was argued that PW 12 Tahsildar has number obtained the certificate from the Medical Officer regarding companydition of the deceased, that itself is number sufficient to discard the dying declaration Ex.
By order dated 04.10.2007, the High Court by partly allowing the appeal acquitted A 3 and A 5 of all the charges leveled against them and affirming the sentence passed by the trial Court on A 1, A 2 and A 4 companyvicted them for the offence punishable under Section 498 A/34 I.P.C. and Section 302/34 I.P.C. Aggrieved by the said order, accused Nos.
Sathasivam, J. This appeal is directed against the final judgment and order dated 04.10.2007 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No.
PW 7 has also denied the suggestion that the deceased Renuka was in the semi companya till the death.
All of them filed a Criminal Appeal being Appeal No.
