The main legal point established in the judgment is the requirement for consistent and reliable evidence, particularly in cases relying on dying declarations. The judgment also reaffirms the principle of giving the benefit of doubt to the accused in criminal cases.

K.N. PHANEENDRA, J.

This appeal is preferred by the accused in S.C.No.143/2009 dated 03.02.2011 in convicting the appellant-accused for the offences punishable under Sections 498A and 302 of the Indian Penal Code (hereinafter referred to as the ‘IPC’ for short). The trial Court has sentenced the appellant to undergo imprisonment for life and also to pay an amount of Rs.50,000/- as fine with default sentence of rigorous imprisonment for one year for the offence punishable under Section 302 of IPC, and also sentencing him to undergo rigorous imprisonment for two years for the offence punishable under Section 498A and also directed him to pay a fine of Rs.50,000/- in default of payment of fine, he shall undergo rigorous imprisonment for six months.

2. The brief factual matrix that emanate from the records are that, the deceased Sumitra was given in marriage to the accused about two years prior to the incident. They were blessed with one female child by name Sahana. The accused was working in LIC office. It is alleged that the accused was always suspecting the fidelity of his wife and due to which he was assaulting her and ill-treating and harassing her and also that, he was demanding for money.

3. In this background, it is alleged that on 05.04.2009 at about 11.30 a.m. the accused has started quarrelling with his wife on the above said two grounds and with an intention to do away with the life of the deceased, has poured kerosene on her and lit fire. She started screaming, at that time the neighbouring people gathered and shifted her to the hospital. The said Sumitra and the accused were residing at Padmavati colony in Bijapur.

4. On the basis of the above said complaint being lodged by the deceased herself, the Police have registered a case in Crime No.24/2009 earlier for the offences punishable under Sections 498A and 307 IPC and thereafter initiated the investigation. During the course of the investigation, the Investigating Officer also got recorded the dying declaration of the deceased through Tahsildar/Taluka Executive Magistrate, Bijapur and thereafter it appears the said lady died on 06.04.2009 on the next day of the incident in the hospital. In pursuance of the death of the deceased, the case has been converted, for the offence punishable under Section 302 of IPC.

5. The accused was apprehended in connection with this case and he was produced before the jurisdictional Magistrate. He has been in judicial custody since the date of his arrest. The trial Court, after securing the presence of the accused, has framed charges against him for the offences punishable under Sections 498A and 302 of IPC. As the accused pleaded not guilty, he was put on the trial. Prosecution, in order to establish the guilt of the accused, examined as many as 11 witnesses and got marked nine documents as Exs.P-1 to P-9. and M.O.s-1 to 5 material objects. The accused was also examined under Section 313 Cr.P.C. The accused also led evidence on his side and examined one Vijaykumar as DW-1. We would like to consider the evidence of DW-1 little later after considering the evidence let in by the prosecution, after ascertaining whether the prosecution has actually proved the case beyond all reasonable doubt. The trial Court, after appreciation of the oral and documentary evidence on record, convicted the accused for the above said offences and sentenced him accordingly.

6. Learned counsel for the appellant strenuously contends before this Court that the entire case revolves around four dying declarations. Except the dying declarations there are no other evidence available to implicate the accused, as almost all the independent prosecution witnesses have turned hostile to the prosecution. He further contends that the prosecution has not placed any material even to show that the dying declarations have been recorded in accordance with law and there is no consistency in the multiple dying declarations alleged to have been came into existence. The evidenc