STATE OF KARNATAKA Vs. VASANTH

JUDGEMENT

(1.) THE Judgment & Order of acquittal dated 28th March 2011 passed by the Fast Track Court -IV, Bangalore city in Sessions Case No. 396/2007 is called in question in this appeal by the State.

(2.) CASE of the prosecution in brief is that the incident has taken place at about 2 p.m. on 19.1.2007; the deceased Sangeetha was a poor lady and was residing on streets; she was eking her livelihood by making coolie; she was a commercial sex worker also; few days prior to the incident in question, on one day, the accused - Vasanth called the victim to cooperate with him for sexual pleasure, but the deceased did not agree for the same; the accused threatened her with dire consequences; at about 2 p.m. on 19.1.2007, the accused came with a kerosene bottle and poured kerosene on her body and set her ablaze in front of the bus stand wherein Tamilnadu buses are being stopped in Bangalore bus station, opposite to Shantala Silk House; when she cried for help, PWs. 1, 5, 6 and 16 (Police Constables) who are on duty rushed to the spot and shifted her to Victoria Hospital, Bangalore for treatment; the deceased made an oral dying declaration as per Ex. P8 which came to be recorded by the doctor P.W. 14 in the case sheet of the hospital; thereafter P.W. 2 being the junior doctor of P.W. 14 sent a memo to the Police informing about admission of the victim to the hospital as per Ex. P1; thereafter the PSI - P.W. 17 came to the hospital and recorded the statement of the victim as per Ex. P2 at 2.30 p.m. on 19.1.2007 in presence of the doctor - P.W. 2; the victim died of burn injuries in the hospital at 11.50 p.m. on 20.1.2007. Based on Ex. P2, Crime No. 20/2007 came to be registered in Cottonpet Police Station, Bangalore for the offence punishable under Section 307 of IPC. After the death of the deceased, Section 302 was added. The Inspector of Police - P.W. 15 completed the investigation and laid the charge sheet.

(3.) THOUGH CWs. 5 to 10 are the alleged eye witnesses to the incident in question and though the incident has taken place in the centre of the Bangalore city wherein KSRTC Bus -stand, city bus station and Railway Station are situated and though the incident has taken place on the footpath abutting the Main Road leading to Railway Station and Bus Station, the prosecution has failed to examine any of the eye witnesses. The prosecution could not secure the presence of CWs. 5 to 10, the alleged eye witnesses to the incident before the Court. Thus the case of the prosecution fully rests on two dying declarations Ex. P8 and Ex. P2 and the versions of the doctors and the various officials connected to the aforementioned two dying declarations.