Judgment

ADARSH KUMAR GOEL, J.

1. This appeal has been preferred against the Order dated 22nd December, 2005, of the High Court of Karnataka at Bangalore in Criminal Appeal No.1818 of 2004 setting aside the conviction of the accused-respondent Nos.1 and 2 passed by the Trial Court under Sections 498-A and 304-B of the Indian Penal Code (“IPC”) and Sections 3, 4 and 6 of the Dowry Prohibition Act, and sentence imposed including the sentence to undergo imprisonment for life for the offence punishable under Section 304 B of the IPC.

2. The case of the prosecution is that the deceased Soumya was married to the accused- Manjunath on 13th May, 1996. She was living with her husband and his mother co-accused Suvarnamma. She was not treated well and was harassed for dowry. On 31st August, 1998 at about 6.15 P.M., when her husband had gone out, the accused Suvarnamma brought kerosene can, poured kerosene on the deceased-Soumya and ignited the fire. She cried for help but Suvernamma put a rug on her. Thereafter, she shifted her to Chigateri General Hospital, Davangere. PW-19, Dr. Rajeshwari Devi, examined her. Next day in the morning of 1st September, 1998, at about 7 A.M., PW-26, V. Dhananjaya,