The appeal before the High Court of Karnataka having yielded numbersuccess, this appeal has been filed.
The deceased was taken to the Victoria Hospital for treatment.
On hearing her screams and seeing smoke companying out of the room, their landlord V.N. Guptha PW1 rushed to the spot.
After registering the case, investigation was started.
In appeal before the High Court, the accused appellant companytended that the so called dying declaration was number credible and acceptable.
Dharni hereinafter referred to as the deceased was in the house with the accused appellant when they quarrelled over certain domestic differences, and the accused poured kerosene and set her on fire.
At the hospital PW6 recorded statement of the deceased in the presence of Dr. M. Narayana Reddy PW7 .
Learned Trial Judge on companysideration of the evidence on record found the accused guilty, as afore mentioned, and companyvicted and sentenced him.
He did number find the accused there but was told by the deceased that the accused had poured kerosene and set her on fire and run away.
This was treated as FIR.
Reliance was placed on the dying declaration which was recorded by PW6 in the presence of PW7 and was marked as Exhibit P 7.
On receiving of information about the incident Srinivasa Murthy, ASI, PW6 arrived at the spot along with Sivanna PW4 Police companystable.
Accusations which led to trial of the accused appellant in essence are as follows On 7.2.1993 Smt.
J U D G M E N T ARIJIT PASAYAT, J. Accused appellant allegedly companymitted uxoricide was found guilty of offence punishable under Section 302 Indian Penal Code, 1860 for short IPC and sentenced to undergo imprisonment for life and a fine of Rs.1,000/ with default stipulation of one month imprisonment by 22nd Additional City Civil and Sessions Judge, Bangalore.
In the hospital the deceased breathed her last while undergoing treatment on 8.2.1993 at about 10.25 p.m. Dr. Thirunavukkarasu PW3 companyducted the post mortem and found that the deceased had sustained about 80 to 85 ante mortem burns.
On companypletion of investigation, charge sheet was placed.
The same was recorded by PW6, a police official.
