IMPORTANT POINT
Problem of witnesses turning hostile needs to be addressed.

Judgment :-

(Smt.) Ranjana Prakash Desai, J.

1. This appeal, once again like many other appeals, presents before us the plight of a woman who is burnt to death by her husband. Sadly, her parents turned hostile in the court. This raises the serious question of witness protection which is not addressed as yet.

2. Deceased Gowramma was married to the appellant on 17/04/1987. It is the prosecution case that at the time of marriage the appellant demanded dowry and he received Rs.5,000/-, a motor bike, one gold chain and clothes from Hanumantharayappa, the father of Gowramma. After marriage the appellant was harassing the deceased for bringing more dowry from her parents. The harassment was both physical and mental. The appellant had caused burn injuries on the thighs of Gowramma to compel her to bring more dowry. He had kept one Puttamma as his mistress, which caused mental agony to Gowramma. On 17/10/1991 there was a quarrel between the appellant and Gowramma on the question of transferring Gowramma’s property in the appellant’s name. At about 6.00 p.m. the appellant poured kerosene on her and set her on fire. Gowramma was taken to the Victoria hospital. At about 7.00 p.m. PW-4 Dr. Parthasarathy admitted her for treatment of burn injuries. When PW-4 Dr. Parthasarathy asked her about the burn injuries she told him that on the same day at about 6.30 p.m. the appellant had poured kerosene on her and set her on fire. He recorded the said occurrence in the Accident Register. Gowramma’s statement recorded by him is at Exhibit-P16(b). He reported the matter to the police. PW-5 HC Ramachari of Vijayanagara Police Station came to the hospital on 17/10/1991 at about 10.30 p.m. and sought permission to record the statement of Gowramma from PW-4 Dr. Parthasarathy. As Gowramma was in a position to give statement PW-4 Dr. Parthasarathy permitted PW-5 HC Ramachari to obtain her statement. Thereafter, PW-5 HC Ramachari recorded her statement in Burns Ward, which is Exhibit P-19. She stated that her husband had poured kerosene on her and set her on fire. PW-4 Dr. Parthasarathy put an endorsement on the said statement and signed it. After recording the statement of Gowramma, PW-5 HC Ramachari presented the memo Exhibit-P18 and statement Exhibit-P19 before the Station House Officer. PW-6 S. Nanjundappa, who was at the relevant time, working as ASI, Vijayanagara Police Station, recorded the FIR at about 11.30 p.m. on 17/10/1991 on the basis of Gowramma’s statement Exhibit-P19. The appellant came to be arrested and charged for offences under Sections 3 and 6 of the Dowry Prohibition Act, 1961 and under Sections 498A and 302 of the IPC.

3. The prosecution examined eight witnesses. Apart from the police witnesses and the doctor, the prosecution examined PW-2 Chikkaeeramma, mother of Gowramma and PW-3 Hanumantharayappa, father of Gowramma.

4. The trial court acquitted the appellant. The trial court inter alia held that the dying declaration could not be relied upon because the doctor has not made any endorsement as to whether the deceased was in a fit condition to make a statement. The trial court held that the deceased was given sedatives, therefore, in all probability she was not in a fit condition to make a dying declaration. In the opinion of the trial court it is doubtful whether the doctor was present when the dying declaration was being recorded. The fact that the parents of the deceased did not support the prosecution case weighed with the trial court.

5. The State of Karnataka carried an appeal to the High Court. The High Court by the impugned order set aside the order of acquittal, convicted the appellant under Section 304 Part-II of the IPC and sentenced him to undergo RI for six years and to pay a fine of Rs.1,000/-, in default, to undergo further sentence of three months. The said judgment and order is challenged in this appeal.

6. We have heard learned counsel for the parties. We have read written submissions filed on behalf of the appellant. Mr.S