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These appeals are filed impugning the common judgment dated 07.06.2016 in S.C. No.27 of 2014 and 65 of 2014 on the file of the Principal District and Sessions Judge, Haveri (for short, 'the Sessions Court'.) The Sessions Court by this common impugned judgment dated 07.06.2016 has acquitted the respondents in these two cases of the offences punishable under Sections 323, 498A, 302 and 504 read with Section 34 of the Indian Penal Code (for short, 'IPC').

2. The Audur Police, Haveri, registered first information in Crime No.52/2013 against Sri. Maruti Hanumanthappa Doddamani (the respondent in Crl.A. No.100287 of 2016), Smt. Shantavva (the respondent in Crl.A. No.100288 of 2016) and Sri. Ramesh Hanumanthappa Doddamani for offences punishable under Section 498A, 307, 504 read with Section 34 of IPC after recording the statement of Smt. Anitha, Sri. Maruti Hanumanthappa Doddamani. After completion of the investigation, the Adur Police, Haveri filed charge sheet against the aforesaid for the offences under Sections 323, 498A, 302 and 504 read with Section 34 of IPC.

6.2 On 17.05.2013, Smt. Anitha lost her uncle and wanted to go to her maternal home to attend to his last rites. Sri Maruthi Hanumanthappa Doddamani, her husband and the in-laws did not permit her and she had to stay back at home. She again requested with her husband and the in-laws on 18.05.2013, to permit her go to her maternal home to attend to her uncle's last rites.

6.3 When she so requested her husband and her in-laws dragged and restrained her in a room abusing her in filthy language. Her husband and her mother-in-law doused her with kerosene and set her on fire. The neighbours, including her uncle, Sri Fakirapa Doddamani, came to her rescue, put out the fire and rushed her in an ambulance to the District Hospital, Haveri.

7. The prosecution's further case is that Smt. Anitha suffered 60-65% burn injuries but, as certified by the Doctor at District Hospital, Haveri, she was fit to give her statement. The police recorded her statement on 18.05.2013 between 8.30 and 9.30 p.m., and based on such statement FIR was registered in Crime No.52 of 2013. The Taluka Executive Magistrate also recorded Smt. Anitha's declaration on the same day. Smt. Anitha could not survive the burn injuries and she died on 22.05.2013 around 2.30 a.m. As such, the respondents are guilty of the offences alleged against them.

19. In view of the rival submissions, the question that arises for consideration in these appeals is:

"Whether the Sessions Court's finding that neither Smt. Anitha's statement as per Ex.P.34 /declaration as per Ex.P.36 nor the testimony of the material official witnesses viz., P.W.16, P.W.19, P.W.20 and P.W.23 inspire confidence and are not reliable suffer from any perversity or legal infirmity"

20. The prosecution's case is that Smt. Anitha, who was married to Sri Maruti Hanmanthappa Doddamani (the respondent in Crl.A. No.100287 of 2016), was doused with kerosene and set on fire at about 12.30 p.m. on 18.5.2013 by her husband, her mother-in-law (the respondent in Crl.A. No.100288 of 2016) and her brother-in-law, Sri. Ramesh Hanumanthappa Doddamani, who is now dead. The neighbours on hearing her scream rushed to her rescue and put out the fire, and they shifted her by an ambulance to the District Hospital, Haveri. Smt. Anitha was brought to this hospital with 60-65% burn injuries. Smt. Anitha was in a fit condition to give voluntary statement as certified by the doctor at District Hospital, Haveri. The concerned police personnel submitted a requisition to the Taluka Executive Magistrate to record a statement. The Taluka Executive Magistrate recorded Smt. Anitha's statement at 7.30 p.m. on 18.05.2013. The PSI, who was also informed about Smt. Anitha being brought to the District Hospital with burn injuries, also reached the hospital and recorded her statement between 8.30 and 9.00 p.m. on 18.05.2013, and based on such statement FIR is registered.