The testimony of close relatives should be closely scrutinized but not discarded solely on the ground of being interested witnesses. The cruelty under Section 498A of IPC need not be in connection with dowry.

K.N. KESHAVANARAYAN, J.—This appeal by the State is directed against the judgment and order dated 6.8.2005 passed by the Additional Sessions Judge, Bangalore city, in S.C. No. 355/2004, acquitting the respondents-accused of the charges levelled against them for the offences punishable under Sections 498A and 304B of IPC and under Sections 3 and 4 of the Dowry Prohibition Act (for short ‘D.P. Act’). Accused Nos. 2 and 3/respondent Nos. 2 and 3 died during the pendency of this appeal. Therefore, the appeal against respondent Nos. 2 and 3 stood abated.

2. The case of the prosecution in brief is as under:

P.W. 2-Kasturi wife of Shivanand is the mother of deceased Vijayalakshmi @ Bhagya. She was the resident of Hubli. Husband of P.W. 2 died about two years prior to 19.5.2003. The deceased Vijayalakshmi @ Bhagya was given in marriage to accused No. 1-Kachatti Mahanthesh, resident of Badami Town in Bagalkot District. Their marriage was solemnized about four years prior to 19.5.2003. During the talks held few days prior to the marriage, accused No. 1 and his parents namely accused Nos. 2 and 3, demanded dowry, both in cash and kind and ultimately it was agreed that the parents of the bride should give dowry of Rs. 15,000/- in cash and also a gold finger ring, neck chain etc. Accordingly about 10 days prior to the marriage, P.W. 2 being the mother of the deceased gave dowry of Rs. 15,000/- in cash and a wrist watch, gold finger ring, neck chain etc. to accused No. 1 as dowry. Gold ear studs, silver leg chain and gold chain were also given to the bride during the marriage. After the marriage, the deceased started living with her husband in the matrimonial home alongwith the parents and brother of accused No. 1. From out of the said wed lock, the deceased gave birth to a female child. After the deceased started living with the accused in the matrimonial home, the accused started insisting her to bring some more dowry as the dowry given at the time of the marriage was not sufficient and since she failed to comply with the said demand, the accused started subjecting her to physical and mental cruelty. This was being informed by the deceased to her parents and other relatives whenever she visited them or whenever the parents visited her. After some time accused No. 1 shifted his residence to Bangalore and started living with the deceased and their child in Bangalore while the parents of accused No. 1 continued to stay in Badami Town. About few days prior to 19.5.2003, the deceased had gone to her parental home and about 5 days prior to 19.5.2003 accused No. 1 brought deceased back to the matrimonial home at Bangalore and continued to subject her to cruel treatment. At about 11.30 a.m. on 18.5.2003, as the deceased failed to comply with the further demand made by him, accused No. 1 poured kerosene on the deceased and set her on fire as a result of which she sustained severe burn injuries. Further on being informed by some one, Police Hoysala van came near the house and shifted the injured to Victoria Hospital, Bangalore. At that time, accused No. 1 also accompanied the injured to the hospital. However, the injured succumbed to the injuries at about 5.30 a.m. on 19.5.2003 while taking treatment in the hospital. On being informed, P.W. 2-the mother and other relatives of the deceased came to Bangalore and saw the deceased. As the death of the deceased had occurred within 7 years from the date of the marriage, the Police requested the Taluk Executive Magistrate to hold inquest. Accordingly, the Taluk Executive Magistrate conducted inquest over the dead body. At that time P.W. 2, the mother of the deceased who was also present there, suspecting foul play with regard to the death of her daughter, made statement suspecting the hands of the husband and parents-in-law of the deceased in the death of her daughter. The Taluk Executive Magistrate submitted a report to the jurisdictional Magistrate based on which case was registered and investiga