This appeal is preferred against the judgment and

order dated 03.08.2011 passed by the Court of 45th

Additional City Civil and Sessions Judge, Bengaluru City in

S.C.No.270/2007, whereby the appellant/accused No.1

has been convicted and sentenced for offences punishable

under Sections 498-A and 304-B of IPC.

2.

The trial court has sentenced the appellant to

undergo simple imprisonment for a period of 3 years and

to pay a fine of Rs.1,000/- for the offence punishable

under Section 498A of IPC and in default of payment of

fine to further undergo simple imprisonment for three

months. He has been sentenced to undergo rigorous

imprisonment for a period of 7 years for the offence

punishable under Section 304-B of IPC.

3.

Heard the learned counsel for the appellant and

the learned High Court Government Pleader for the

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respondent/State and perused the evidence and material

on record.

4.

Brief factual matrix of the prosecution case are

that,

the

appellant/accused

No.1

married

deceased

Soumya on 19.02.2006. At the time of marriage, the

accused was given dowry of Rs.60,000/- and a gold ring.

After the marriage, the deceased was staying in her

matrimonial house at Mallasandra, Bangalore along with

her husband and mother-in-law. The accused were ill-

treating the deceased suspecting her chastity and picking

up quarrel for trivial reasons. At the instigation of her

mother-in-law, she was being subjected to physical and

mental cruelty by her husband and he was forcing her to

bring money from her parental home. On 22.11.2006, at

about 10.10pm, the appellant picked up quarrel with the

deceased and poured kerosene oil on her and lit fire, on

account of which she sustained severe burn injuries. She

was shifted to Victoria hospital for treatment wherein, she

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succumbed to the burn injuries at about 4.00am on

23.11.2006.

5.

Charges were framed against accused Nos.1

and 2 for the offence punishable under Section 498A r/w

34 of IPC and against accused No.1 for the offence

punishable under Section 302 of IPC.

6.

The learned Sessions Judge after appreciating

the oral and documentary evidence on record, acquitted

accused No.2 and convicted accused No.1 for the offence

punishable under Sections 498-A and 304-B of IPC.

7.

Before the trial court, to establish the guilt of

the accused, the prosecution has in all examined 16

witnesses and got marked 18 documents and 10 material

objects.

8.

The specific case of the prosecution is that, at

the time of marriage the accused was given a dowry of

Rs.60,000/- and a gold ring. After the marriage the

deceased was being subjected to physical and mental

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cruelty for trivial reasons and the accused was also

suspecting her chastity. He was demanding to get money

from her parental home etc. On the date of incident, i.e.,

on 22.11.2006, at about 10.10pm, the accused picked up

quarrel with the deceased and then poured kerosene on

her and lit fire, on account of which she suffered severe

burn injuries and admitted to the Victoria hospital for

treatment and died while undergoing treatment, on

23.11.2006 at about 4.00 a.m.

9.

On her admission to the hospital, PW1, Senior

Medical Officer examined the victim and made an entry in

Ex.P.1 and sent a memo as per Ex.P.2 to the jurisdictional

police. Thereafter PW13-ASI of Peenya police station

visited the hospital and after confirming the condition of

the patient from P.W.1 recorded her dying declaration as

per Ex.P.3. Based on the said statement of the victim, a

case was registered.

10. In Ex.P3, Victim has stated that at the time of

marriage a sum of Rs.60,000/- and a gold ring was given

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as dowry and accused No.1 used to give physical and

mental torture to her asking to get money from her

parental home. It is further stated that he was making

allegation that she was having some relationship with his

nephew by name Umesh who was her classmate. On

22.11.2006, at about 8.30 p.m, her husband returned

from his work and a