.
T ‘ ‘ ” ‘ ” — __ V ‘Mu;;’J.dg@d'” Taluk.
{ ;
Sjfo. Rajasab Majiigeri,
‘ Agaci about 24 yejrars,
VA ‘ ” Mundgod Taiuk.
m THE HIGH cotmr or KAR1~tA*rA1’fA %
Thmugh that Pofitaiihfiispsfitur, ‘
Mund god P91iceVSi:aVt§,0I1._A_ ” ~ «. ~~” . . .Appclia:a1:.
(fly §§11a:1d..f£a§al§jinath, HCGA)
S’/o;*–.bhik:;};u$:ab Anaialagi,
V Age:.__:29 _§;eaV1f’ss_,
Q R/0. F;i1ié:.OI1i,
fflfo. Kilie om,
. ” 3″e§.*¥:i11,guisheti’At’ire by pouring Water on her
VT ” Thereafter her father»-i11~iaw Bhikshusab
an
poured on her person frem the roof
house and therefzim she got awakened
the light of the torch, she samftthat
the reef ef the house were V’
Rajasab Majjigeri (Accuee(i%’}.whe t
in the eaine street.xt>~;g§ Vffeiit a
Can. 011 seeing then
Mahboob % Majjigeri
the match stick
the result her
Her children, who
were: ttteke up on hearing her cry
V’;I5ieereafter when she ‘came out of the
%rm,se teas the said. Mahboeb Ali and Maliik
. Vlfiajtatseb Majjigeri coming down from the roof of
‘the mouse and runnixlg towards their house.
Andaiag’ and one Mehainmed Ghouse amd
w~
12
she has not stated in her evidence that she 7T .c
that it was accused N03,} and 2 :’i)s}f1c” :1-eta
mother on fire by pouring kerosene
piece of cieth on her persen.
11. The prosecution fies relfiaiice on orai
evidence of P.W.12, Taluka
ifixecufive Magistre-._j;e’,é declaration of
the deceased as accepted {he ease of
the prosecu%.%ic1;z’V’as witness that the deceased
was consciou;;’g;;id, so as to enabie herseif
to give the that he recorded the same
as’ep§er ifecntents cannot be heid to be true and
correct. the flnpugimed judgnent it ccuid be
tfzaethe Sessions Judge has rightly observed
‘ ehafz deceased could not have seen the accused
the reef’ when the night was quite dark and as
‘ Vsaci§ ”ti’1eee was no fight outside the house of the deceased
above the roof so as to enafmie her to identify the
accused as the persons who did the said act. i<'urther, as