Point of Law : Dying declaration was required to be videographed- Though there was a videograph done it was so done on the personal mobile phone of the Investigating Officer, which was thereafter sought to be transferred into a CD in a private mobile shop - Such a situation is not contemplated. [Para 52.3]

JUDGMENT :

1. These are the appeals filed under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’), challenging the judgement of conviction and order of sentence passed by the I Additional District and Sessions Judge, Bagalkot sitting at Jamkhandi (for short, ‘trial Court’) in Sessions Case No.91/2017 dated 20.03.2019.

2. A complaint came to be filed by Vindarsingh on 06.09.2016 at 22.15 hours, alleging that he had been informed by his sister that the accused (her husband and mother-in-law) had ill-treated her and sought to commit her murder. In furtherance of the same, ASI, Mudhol Police had registered a case for the offences under Sections 307, 498-A, 504 read with 34 of IPC. In the meantime, the sister expired, hence, upon investigation, Circle Inspector of Mudhol Police Station submitted a charge sheet against the accused for the offences punishable under Sections 498-A, 504, 323, 302 read with 34 of IPC.

3. Upon the charge sheet being submitted, since the offence was triable under Section 302 of IPC, the matter came to be committed to the Court of Sessions. Accused No.1 who was in judicial custody was produced before the Court and accused No.2 who was on bail was summoned to appear. On their appearance, accused No.1 was remanded to judicial custody and accused No.2 was enlarged on bail. Charges having been framed for offences under Sections 498-A, 504, 323, 302 read with 34 of IPC, same was read over and explained to the accused, who pleaded not guilty and claimed to be tried.

4. The prosecution examined 14 witnesses and marked 30 documents, 4 material objects were also marked by the prosecution. Accused No.1 examined himself as DW.1 and marked two documents. Upon evidence being led, the incriminating evidence was put across to the accused in terms of Section 313 of Cr.P.C. and their answers were recorded.

5. After hearing the prosecution and the defence, the trial Court vide its judgement dated 20.03.2019 convicted accused No.1 for the offence under Sections 498-A and 302 of IPC and convicted accused No.2 for the offence under Section 498-A of IPC and acquitted accused No.2 for the offences under Sections 323 and 304 of IPC.

6. On the very same day, the said Court heard the counsels on sentence and passed an order of sentence, sentencing accused No.1 to undergo imprisonment for life for the offence punishable under Section 302 of IPC and to pay a fine of Rs.50,000/- and further to undergo simple imprisonment for three years for the offence punishable under Section 498-A of IPC as also sentenced to pay a fine of Rs.5,000/-. In default of payment of total fine amount of Rs.55,000/-, to undergo simple imprisonment for six months.

7. Accused No.2 was sentenced to undergo simple imprisonment for three years for the offence punishable under Section 498-A of IPC and sentenced to make payment of a fine of Rs.5,000/-. Failure to make the payment of fine would result in accused No.2 to undergo simple imprisonment for further period of two months. The sentences to run concurrently and set off being provided for the period undergone in judicial custody.

8. It is challenging the said judgement that accused No.1 is before this Court in Criminal Appeal No.100191/2019 and accused No.2 is before this Court in Criminal Appeal No.100194/2019.

9. The case of the prosecution is that

9.1. Accused No.1 was married to the sister of complainant, namely, Ashwini Rajput on 26.11.2015. Accused No.2 is the mother of accused No.1 and mother-in-law of said Ashwini. It is alleged that accused were ill-treating Ashwini both mentally and physically by scolding and assaulting her for not knowing how to cook, prepare food and serve the same.

9.2. It is alleged that on 04.09.2016 at about 4.30 p.m. accused No.1 and Ashwini while at their matrimonial home at Jayanagar, Mudhol, accused No.1 picked up a quarrel with the said Ashwini, brought a can of kerosene, poured on her and set her ablaze.

9.3. Thereafter, Ashwini having been shifted to hospital