MOUNESH BOVI Vs. STATE BY BASAVAPATNA POLICE

JUDGEMENT

(1.) The case of the prosecution is that the deceased Lalithamma is the wife of the accused. Their marriage took place 3 years prior to the incident. The deceased was constantly subjected to cruelty and ill-treatment. The accused is addicted to alcohol. On 2-1-2001 the accused demands money from the deceased. When the deceased refused, the accused assaulted, tied her hands and legs with her saree, doused kerosene and set her ablaze. The neighbours and the mother of the victim P.W. 2, P.W. 3 and P.W. 1 took her to Primary Health Center, Dyavani. From there the deceased was sent to C.G. Hospital, Davanagere. The deceased had sustained 87% superficial burns. The deceased died on 18-1-2001 while under treatment on account of septicemia and septicemia shock.

(2.) The deceased at the time of admission stated that the burn injuries are caused by her husband. The statement of deceased is recorded by P.W. 21. The Taluk Executive Magistrate on 2-1-2001 at 6.40 p.m. at Ex. P. 19. The dying declaration discloses that her husband caused the burn injuries by pouring kerosene and setting her ablaze. The medical opinion shows that the deceased was conscious to give the statement as per Ex. P. 9. P.W. 2 who goes to the scene immediately after the incident assist in admitting the deceased to hospital testify to the fact that after hearing the noise, herself and P.W. 3 went to the house of the accused. The doors of the house were closed from inside. She found the accused and deceased were present in the house. The deceased was in flames. P.Ws. 2 and 3 took the victim to hospital.

(3.) The dying declaration and the evidence of P.Ws. 2 and 3 convincingly establishes that the accused was at the scene when the deceased was found ablaze. The evidence of P.Ws. 2 and 3 substantially corroborates the version in the dying declaration at Ex. P. 19. In view of the above evidence the Trial Court convicted the accused for the offence under Section 302 of the Indian Penal Code, 1860. The accused is in appeal.