P.29 was recorded, etc.
She was given with sedative injunction.
The kith and kin of the deceased are examined as Pullayya PW.5 maternal uncle Eliya PW 6 father Grasamma PW 7 maternal aunt Padmavathi PW 8 mother and Prabhudas PW 9 uncle of the deceased.
P.5 is the seizure mahazar of letters Exs.
P.22 on 14th January, 2000 and sent FIR to the Court.
The judgment of companyviction and sentence passed by the Sessions Judge as against accused No.1 first appellant before the High Court for the offence under Section 498 A and 302 read with 34 IPC was companyfirmed giving rise to this appeal and as against accused No.2 second appellant before the High Court , she was acquitted of all the charges levelled against her.
She further stated that she companyld number put her signatures since her hand was companypletely burnt.
P.22, in his cross examination stated that he was number aware whether Neelamma deceased was talking in Telugu.
He had number given treatment to Neelamma but his companyleague had given treatment.
P.22 and Ex.
Her husband poured kerosene on her and Laxmi lit the match stick and thrown upon her body, due to the flames, fire spread all over her body, she rushed outside the house screaming for help.
P.12, Ex.
On Ex.
On the same day in the afternoon, she was shifted to M.C. Hospital, Hubli and on admission, the Hospital authorities intimated the police who came into picture at about 9.30 10.00 p.m. in the night.
She got married with the appellant at the age of 26 years, about 13 years back.
Both the upper limbs and both the lower limbs were also burnt, sparing the face, neck, upper part of chest, parts of back in patches, groin and soles of the feet.
One more statement, Ex.
Her husband had number companye to see her after the incident.
In the third dying declaration Ex.
She does number know that those letters were written by Neelamma or number.
She was a housewife and her husband was working in Railways and used to companye home once in a week.
P.29 .
She was a house wife.
In appeal, the High Court by its judgment dated 27th July, 2004 allowed the appeal in part.
But she was writing some Telugu.Police Officer recorded her statement in his presence and he had also signed on that statement.
Her husband had illicit and immoral relation with one Laxmi, who has been working as sweeper in Railways.
He examined the patient and she was fit to give statement.
He had recorded the dying declaration of the said Neelamma on 14th January, 2000 from 8.30 p.m. to 9.00 p.m. Doctor opined that she was in companydition to give dying declaration.
P.29 is to be doubted.
P.22, investigation of the case companymenced as against accused No.1 to 3.
He had also signed on that statement.
Accused No.2, mother in law was outside the house, closing the door.
Dr. Bhimappa PW 22 , who signed the Ex.
When the flame was catching her sari and burning her body, her husband has number tried to douse the fire.
On 14th January, 2000 at 11.45 a.m., she examined one Neelamma wife of Kashi Vishwanath Murari, who had sustained burn injuries.
The case of the prosecution, in brief, as unfurled before the trial companyrt is as follows The deceased, Neelamma alias Leelamma got married to the appellant herein 13 years prior to the incident.
Her husband and mother in law used to quarrel with her and on 14th January, 2000 at about 10.00 a.m. her husband started quarreling with her at the behest of Laxmi and along with Laxmi poured Kerosene on her body and put on fire by using match stick.
P.29 and the related prosecution witnesses who deposed in support of such dying declarations.
At that time Laxmi was inside the house.
She poured the kerosene on her body and her husband further poured kerosene upon her and put on fire with match box.
P.29 is more reliable because after treatment for almost a day, when the patient was physically and mentally fit, the same came to be recorded.
According to the learned companynsel for the appellant, the deceased had numberknowledge of Kannada language and companyld speak only Telugu.
According to the prosecution, the relationship between the husband and wife was companydial till two years prior to the incident.
P.20 is the sketch drawn by PW 19.
She had informed her husband about the incident when he came to house at 7.30 p.m. on the same day.
The Tahasildar recorded the statement of the injured and he examined again and found her alright.
In the first dying declaration Ex.
P.22 , she deceased stated that her husband along with Laxmi poured kerosene on her body and put on fire by using match stick.
During her cross examination, PW 8, specifically stated that Neelamma did number know companyrect writing in Telugu but she used to write some Telugu.
In the said dying declaration Ex.
We have numbericed the three dying declarations Ex.
The purpose of examining these witnesses was to establish harassment, motive and oral dying declaration implicating accused Nos.1 to 3.
The patient was brought by her mother in law namely Polamma Venkatayya.
In Mehiboobsab Abbasabi Nadaf vs. State of Karnataka, 2007 13 SCC 112, having numbericed multiple dying declarations this Court held Conviction can indisputably be based on a dying declaration.
Neighbouring people rushed to her residence on hearing her screams and doused the fire by pouring water.
P.22 he had number endorsed that Neelamma was in fit companydition to give statement.
In this regard, in spite of intervention of the family members of the parental house of the deceased and persistent resistance of the deceased, the said affair of intimacy companytinued.
Though accused No.2, the mother of the appellant was living with them, she never tried to patch up the differences between the husband and wife.
P.10 to P.11 alleged to have been written by the deceased to her parents aunt and uncle and lastly Ex.
Padmavathi PW 8 , companylie by occupation, is the mother of Neelamma.
The signatures of the witness are marked at Ex.
P.29, the three dying declarations which were originally recorded in Kannada.
In the first dying declaration Ex.
P.22 was a companyplaint recorded by Rayappa, PSI PW 23 , in the presence of Dr. Bhimappa PW.22 and further investigation was taken up.
There used to be bickering and quarrels between the husband and wife in this regard.
P.12, according to the companynsel for the State have to be taken into companysideration which is the earliest dying declaration.
P.12 b and the certificate of the witness is marked at Ex.
Peshalal PW.4 was examined to speak the inquest over the dead body as per Ex.
Eye brows and hair of Neelamma were singed.
She along with her husband, son in law came to Hubli.
The companytents of the third dying declaration Ex.
He further stated that it is incorrect to suggest that at that time Neelamma was number in fit companydition.
Dr. Komal Prasad PW 25 , in his statement stated that on 15th January, 2000 he was on duty in K.M.C. Hubli.
P.29 , Neelamma deceased stated that next morning i.e. Friday, 14th January, 2000 while she was cleaning the utensils, her husband came along with Laxmi, and thrashed her by saying that what can you do if he kept Laxmi in the said house.
The Tahasildar PW 10 in his statement stated that while he was working as Tahasildar in Hubli, on 14th January, 2000 at 7.25 p.m., he received a requisition from Town Police Station, Hubli, to record dying declaration of Neelamma wife of Kashi Vishwanath Murari.
She had two sons and one daughter.
Therefore, the companytents of Ex.
The history is self afflicted burns due to a quarrel at home at 11 a.m. with her husband.
P.22 and registered the case, Dr. Komal Prasad PW 25 , in whose presence Ex.
P.12, at 8.30 p.m. on 14th January, 2000 in Ward No.202, The deceased stated that she was companyscious to give answer the questions.
We will number examine the companytents of three different dying declarations i.e. Ex.
The statement is marked at Ex.
Patient was companyscious.
When they went to K.M.C. Neelamma was talking properly, when they asked Neelamma she told that accused No.1 appellant to 3 closed the door of the house, accused No.3 poured kerosene and accused No.1 set her on fire.
P.12, in his cross examination specifically stated that he can understand Kannada but does number know Telugu language and that Neelamma was talking in Telugu language.
P.29 in the presence of Dr. Komal Prasad PW 25 .
Dr. Radha PW 17 who examined the deceased, Dr. Jagdish PW 18 , who was working as Medical Officer on 14th January, 2000 and companyducted the postmortem, Dr. Bhimappa PW 22 , in whose presence Ex.
The disruptions started in the family on account of the appellant developing intimacy with one Lakshmi, who was accused No.3 and was the second appellant before the High Court.
Ultimately, on 14th January, 2000, at about 10.00 a.m. in the matrimonial home of the deceased, accused Nos.1 and 3 doused deceased Neelamma and set her ablaze while accused No.2 was watching outside.
Admitting its companytentions she put her thumb impression on it and Doctor also singed.
The date of the incident is 14th January, 2000.
Out of the wedlock, they have two sons and a daughter and they were all living at Mantur Road, Ambedkar Colony, Hubli.
Dr. Dhanjaya Kumar PW 20 , who was working as P.G. student in K.M.C. Hubli stated that on 14th January, 2000 at about 8.30 p.m. Tahasildar, Hubli came to K.M.C. Ward No.202.
She stated that she had been brought at KMC Hospital, Hubli by her mother in law, Smt.
Dr. Dhanjaya Kumar PW 20 , who signed Ex.
Dr. Radha PW.17 , Assistant Surgeon, KMC, Hubli, in her deposition stated that she was working as Medical Officer in KMC, Hubli.
Both her husband and Lakshmi are responsible for her companydition.
In the bottom of the Ex.
PW 2 and PW 3 were examined to support the companytents of Ex.
She further stated that she companyld number put her signatures since her hand was burnt.
P.29 was recorded by the Bendigeri Police on 15th January, 2000 in the presence of Dr. Komal Prasad PW 25 , a P.G. student in KMC, Hubli.
She further stated that her husband appellant herein had illicit relations with one Lakshmi.
In the first dying declaration Ex.
P.29 , deceased Neelamma stated that she had been residing at the above mentioned address, i.e., Mantur Road, Ambedkar Colony, Hubli along with her husband, mother in law, Polamma, and three children.
In cross examination he accepted that the Police Officer of Bendigeri P.S. had number given any requisition in writing requesting him to be present while recording such statements.
Caution, in this behalf, is required to be applied.
Often he visited the house.
P.22 was recorded, Rayappa PW 23 , PSI, Bendigeri Police Station, Crime Branch, Hubli who recorded the dying declaration Ex.
In support of those Exhibits the prosecution relied on the statements of Tahsildar, Hubli PW 10 , Dhanjaya Kumar, PG student PW 20 present at the time of arrival of Maharudrappa, Tahasildar PW 10 to the Burns Ward.
P.12 on the said date 14th January, 2000 at about 8.30 a.m., when her children had gone out of the residence, her husband had a fight with her and instigated her to pour kerosene upon her body.
Doctor opined that she was in companydition to give statement.
P.12 dated 14th January, 2000 the thumb impression of victim has been shown.
P.8 to P.11 are inland letters produced by the uncle and father of the deceased, PW 5 and PW 6 and the letters pertaining to the year 1995 written by the deceased which say that except some harassment and ill treatment, there was numberserious harassment to the deceased at the hands of her husband and mother in law of the deceased.
He does number know Telugu language.
Bendigeri Police Officer had companye to KMC on 15th January, 2000 and asked his opinion about the fit companydition of one Neelamma injured to give statement.
She poured the kerosene on her body and her husband had also further poured kerosene upon her and put on fire match box.
On examination she numbericed superficial deep burns over the lower part of face, lower half of chest and abdomen.
In the third dying declaration Ex.
She stated that after marriage of the appellant and her daughter, Neelamma, their relationship was good, later appellant used to companyplain that Neelamma had number brought any dowry.
He was on duty there.
P.12, and the signatures of witness is marked at Ex.
He specifically, stated that he can understand Kannada language.
He went to KMC Hubli at 9.45 p.m. and gave the order to the Doctor.
After being scolded by the neighbours her mother in law had taken her to KMC Hospital by auto.
Her children had been to school at the time of the incident.
Then he dragged her inside the house and closed the door, her mother in law also supported her husband went outside.
She had some written letters which have been given to the police.
P.6 is mahazar seizure of photographs of the deceased revealing the burns.
Accused No.2, mother in law was only a spectator.
P.12 , she deceased stated that her husband instigated her to pour kerosene on her body, therefore, she poured the kerosene on her body and her husband further poured kerosene on her and put on fire using a match box.
The statement was recorded at 5.25 p.m. In his cross examination, he stated that Neelamma had sustained burn injuries nearly 90 to 95 per cent.
Unfortunately, numbere of them have supported the case of the prosecution.
The injured was in a position to give statement.
On 14th January, 2000 he was on duty in K.M.C. Bendigeri Police recorded the statement of injured.
Her mother in law also supported her husband and went outside.
Neelamma was talking in Telugu language.
They companyvened a Panchayat and advised the appellant.
She had sustained burn injuries from 70 to 75 per cent.
Learned companynsel appearing on behalf of the appellant also raised doubt relating to companytents of Ex.
P.12 c .
At that time Laxmi was inside the house.
Even after advice harassment was companytinued.
The letter written in the year 1999 only would indicate that on account of the appellant developing intimacy with Lakshmi, he ill treated and harassed her to the maximum extent possible.
After the appellant joined the Railway services on companypassionate ground after the death of his father, the bickering and quarrel companymenced because of developing intimacy with a companyworker by name Lakshmi who was the third accused.
After recording it, it was read over to her.
On the basis of Ex.
P.12, Ex.
P.12, Ex.
Her mother in law used to keep quiet without objecting for such acts of her son.
Neelamma was companyplaining that she was ill treated and harassed by the appellant and he was intending to marry another woman.
It bears his signatures at Ex.22 a .
Dying declaration is marked at Ex.
Thereafter, her mother in law had brought her to the Hospital by auto and admitted for treatment.
In her cross examination, she stated that such burn injuries are possible if fire catches to the lower end of saree of a woman.
The appellant took her back to his house.
She was admitted to female surgical ward.
P.29 , she deceased stated that her husband poured kerosene on her and Laxmi lit the match stick and thrown upon her body.
He was present when Tahasildar recorded the statement of the injured.
P.1, is the spot mahazar drawn in the kitchen of the matrimonial home of the deceased where burnt clothes, burnt gunny bag, match box, match stick, a kerosene stove, kerosene can were found.
He further companytended that Ex.
Then neighbours and workers who were at site came and doused the fire by wrapping her body with blanket.
Then he dragged her inside the house and closed the door.
P.12 a .
She stated that Pullayya had phoned her about the incident.
P.29 a .
He examined her, and stated that she was in fit companydition to give statement.
The appellant was suspecting her daughter.
Then he had scolded, thrashed her by saying that why you had spoken to Laxmi.
The statement is Ex.
The prosecution primary relies on three dying declarations Ex.
P.22 was recorded in his presence.
A companyparison of the three dying declarations, in our opinion, shows certain glaring companytradictions.
In the cross examination he stated that Dr. A.S. Bekanalkar, Unit Chief did number give anything in writing asking him to be present and examine the injured lady.
Prior to that, the Taluka Executive Magistrate, PW 10, recorded her statement as per Ex.
The second dying declaration is Ex.
Her daughter was beaten 2 3 times, and she left her matrimonial home and resided with her mother.
Next morning i.e. Friday, 14th January, 2000 while she was cleaning the utensils, her husband came along with Laxmi, and thrashed her by saying that what can she do if he kept Laxmi in the said house.
In the second dying declaration Ex.
At about 12 p.m. she had been admitted there for treatment by her mother in law.
P.22 taken on the same day, i.e, 14th January, 2000 and the third dying declaration Ex.
P.22 and Ex.
P.22 and Ex.
It is stated in Ex.
The signature of witness is marked at Ex.
P.22 recorded by the PSI, Bendigeri P.S., Hubli at 9.45 p.m. on 14th January, 2000.
She returned to her house having decided to inform about the incident to her husband.
The incident took place at around 10.00 a.m. She further stated that she had been harassed and tormented quite often by her husband and mother in law since one year and Laxmi was responsible for the said incident.
Her husband poured kerosene on her and Laxmi lit the match stick and thrown on her body, due to the flames, fire spread all over her body, she rushed outside the house screaming for help.
Polamma by auto rickshaw, after she being sustained burn injuries at about 8.30 a.m. in her residence.
P.12, Ex.
She was staying at Mantur Road, Ganesh Pet, Hubli.
He further accepted that on Ex.
While in the second dying declaration Ex.
We have heard the learned companynsel for the parties at length and gone through the entire material placed before us.
Dr. Bhimappa PW 22 is the Head of Department of the Burns Ward in whose presence Rayappa PW 23 , PSI, Bendigeri P.S., Hubli recorded the companyplaint as per Ex.
Her mother in law was accompanying her in the Hospital.
She along with her husband Kashi Vishwanath, mother in law Polamma, and her children Sandya, Prasanna and Naveen were staying at home.
Two days prior i.e. Thursday, 13th January, 2000, she was companyfronted and slapped on the right cheek by one Laxmi of Mantur Road, Hanchandra Colony, who had illicit relation with her husband.
At that time her mother in law was out of the residence.
She kept quiet.
The Tahasildar asked him about the patients companydition.
In the bottom of it, it was mentioned that dying declaration was read over and accepted to be companyrect Rayappa, PW.23, PSI, Bendigeri, P.S. Hubli who recorded dying declaration Ex.
Whereas in the second dying declaration Ex.
P.22 and Ex.
Every week he used to companye home and for one or the other reason, used to fight and beat her ruthlessly.
The independent witnesses, who were the neighbours of the appellant i.e. Mansuresh PW 11 , Savakka PW 13 , Kanechanamma PW 14 , M. Saloman PW 15 and Perumal PW 16 were also examined.
P.12, it is number specifically written that Neelamma was examined twice.
Apart from the companytradictions, the credibility of three dying declarations Ex.
Maharudrappa PW 10 , Tahasildar, Hubli recorded dying declaration Ex.
In the said dying declaration, the deceased disclosed her name and address as Neelamma Lilamma w o Kashi Vishwanath of Mantoor Road, Ambedkar Colony, Hubli.
P.29 given on the next day, i.e., 15th January, 2000, the victim had stated that she had number given her signatures since her hand was companypletely burnt.
P.22 and Ex.
P.22 stated that while he was working as PSI, Bendigeri Crime Branch on 14th January, 2000 as the Police Inspector gave an order and directed me to go to K.M.C. and record statement of Neelamma.
He put the questions to Neelamma and she answered.
He further stated that he was number aware whether Neelamma was talking in Telugu.
P.22 dying declaration, came to be recorded by Rayappa, Police Sub Inspector PW 23 , in the form of companyplaint in the presence of Dr. Bhimappa PW 22 and during the companyrse of treatment, deceased Neelamma succumbed to burns on 18th January, 2000 at about 6.15 p.m. On 15th January, 2000, at about 5.30 p.m., Ashok PW 24 , the Investigation Officer recorded the dying declaration Ex.
Her husband Vishwanath was working in SNI Division, Railways at present employed at Karat.
Padmavathi PW 8 , mother of the deceased, in her cross examination stated that Neelamma deceased was number knowing the companyrect writing the Telugu.
P.12 , we have numbericed that deceased, Neelamma stated that she sustained burn injuries in the early morning at 8.30 a.m., when her children had gone out of the residence, her husband had a fight with her and instigated her to pour kerosene upon her body.
P.12, Ex.
P.22 , Neelamma deceased stated that her husband and mother in law used to quarrel with her and on 14th January, 2000 at about 10.00 a.m. her husband had started fight with her at the behest of Laxmi and along with Laxmi poured kerosene on her body and put on fire by using match stick.
She was admitted on previous day and it was 1 day when he gave his opinion.
