JUDGMENT :

Aggrieved by the order of conviction and sentence passed against him for the offences punishable under Sections 498A and 304 Part I of IPC, the accused has preferred the above appeal.

2. The appellant was prosecuted in S.C.No.59/2008 on the file of the District and Sessions Judge, Ramanagara for the offences punishable under Sections 498A and 302 of IPC on the basis of the charge sheet filed by Ramanagara Town police in Crime No.25/2008 of their Police Station. For the purpose of convenience, the appellant will be referred to henceforth as accused.

3. The accused was married to Gulnaz Khanam on 07.02.2002. Both of them were living in the house situated at Janatha Colony, Rehamaniya Nagara, Ramanagara. Out of the said wed lock, couple had two sons and one daughter. PW.9 is the father, PW.2 is uncle and PW.1 is the cousin of Gulnaz Khanam. PWs.3 to 6 were her neighbours in marital home. Prior to marriage and even after marriage Gulnaz Khanam worked in Silk filature.

4. On 10.03.2008 at 10.45 p.m. Gulnaz Khanam suffered burns in the house of the accused. Immediately she was taken to General hospital, Ramanagara. During the same night, she was shifted to Victoria Hospital, Bengaluru. On 14.03.2008 at 5.00 a.m. she succumbed to burn injuries

5. The case of the prosecution in brief was as follows:

(i) PW.15 the then Police Inspector of Ramanagara Town Police Station on receiving medico legal intimation from the hospital about Gulnaz Khanam suffering burn injuries, deputed Assistant Inspector of Police Govindaiah to record the statement of Gulnaz Khanam in Victoria Hospital;

(ii) Accordingly, Govindaiah visited Victoria Hospital and issued requisition as per Ex.P9;

(iii) PW.10 the Casualty Medical Officer of Victoria Hospital was enquired whether that the victim was in a condition to give the statement. PW.10 found her in a position to give statement and on his certification Govindaiah recorded the victim’s statement as per Ex.P10, returned to the police station and submitted the same to PW.15;

(iv) On that basis, PW.15 registered the first information report as per Ex.P16 for the offences punishable under Sections 498A and 307 of IPC and took up investigation;

(v) PW.15 deputed staff to secure the accused. On 11.03.2008 at 8.45 p.m. they produced the accused before him and he arrested him;

(vi) On 12.03.2008, PW.15 visited the scene of offence and conducted the spot mahazar as per Ex.P2 in the presence of the witnesses. During the said mahazar, he seized MOs.1 to 3, recorded the statements of the witnesses, sent the seized articles to the forensic examination;

(vii) On the basis of the statement of PW.1, he came to know that Gulnaz Khanam died on 14.03.2008. Thereafter he registered another first information report as per Ex.P17;

(viii) On the requisition of PW.15, the Taluka Executive Magistrate conducted inquest mahazar. Then PW.15 handed over the further investigation to PW.12; &

(ix) PW.12 collected the inquest mahazar Ex.P11, assessment register extract of the scene of offence as per Ex.P12, sketch of the scene of offence as per Ex.P13, forensic report as per Ex.P14 and filed the charge sheet.

6. The trial Court on hearing the parties framed the charges for the offences punishable under Sections 498A and 302 of IPC and tried the accused for the said offences. On trial, the trial Court by the impugned judgment and order convicted the accused for the offences punishable under Sections 498A and 304 Part I of IPC and sentenced him to rigorous imprisonment of seven years and fine of Rs.15,000/-for the offence punishable under Section 304 Part I of IPC and rigorous imprisonment of one year and fine of Rs.5,000/-for the offence punishable under Section 498A of IPC with default sentence clause.

7. The trial Court based the order of conviction and sentence on the following grounds:

(i) The dying declaration of the victim as per Ex.P10 was proved by the evidence of PW.10 the doctor and PW.15 the Investigating Officer;

(ii) The evidence of PW.1