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16. He further contended that the Tahsildar by letter dated 10.11.2008 as per Ex.P.25 requested the Chief Medical Officer, A.C. Giri Hospital, B.G. Nagar, about the fit state of mind of the victim for recording the statement of the victim, and also the Sub-Inspector of Police, as per Ex.P.26 to give a fitness certificate of the victim to record the statement. Accordingly, the statement of the injured/victim was recorded on 08.11.2008 as per Ex.P.27-first statement. The material on record clearly depicts that the statement made under Ex.P.27 first statement was the first dying declaration and the second dying declaration was recorded as per Ex.P.23 on 10.11.2008. Though there is no specific endorsement about the fitness of the victim either in Ex.P.27 or in Ex.P.23, the fact remains that the ASI, who recorded the first dying declaration of the deceased, was not examined as a scribe as he was not available on the date of the examination. The second dying declaration recorded by the Tahsildar was after getting information from the doctor that the victim was in a fit state of mind. The material on record clearly depicts that the accused involved in the homicidal death of the deceased and there was constant harassment with regard to dowry. Thereby, the

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Based on the aforesaid oral and documentary evidence on record, the learned Sessions Judge proceeded to convict the accused persons.

20. By plain reading of Ex.P.1-complaint by P.W.1- mother of the deceased and first dying declaration of the deceased-Leelavathi as per Ex.P.27 on 08.11.2008, recorded by C.W.22 clearly depicts that the marriage of accused No.1 and the deceased took place on 20.08.2006 and though accused Nos.1 to 3 received a sum of Rs.10,000/- and gold ornaments as dowry as on the date of the marriage, they gave harassment to the deceased demanding to bring further dowry. When she refused to go to her parent house to get additional dowry, accused No.2 poured kerosene, accused No.1 lit the fire and accused No.2 locked the door. The same statement was also given in the second dying declaration as per Ex.P.23 recorded on 10.11.2008.

22. Ex.P.23-second dying declaration does not disclose that the Tahsildar recorded the statement, however, it shows that the same was recorded in the presence of Tahsildar and who recorded the second dying declaration of the deceased is not forthcoming and even in the second statement/dying declaration as per Ex.P.23, which is recorded by the Tahsildar, also does not disclose the endorsement regarding fit state of mind of the victim.

23. By careful reading of the material on record, it is admitted fact that the marriage of the deceased and accused No.1 took place on 28.06.2006 and the alleged incident took place on 16.07.2008. The complaint was lodged by P.W.1 and the dying declaration was recorded on 08.11.2008 and 10.11.2008. Thereby, there is a delay of three months.

recorded the statement of the deceased as per Ex.P.23-second dying declaration of the deceased. Infact, the deceased categorically stated that, accused persons gave harassment to her to bring dowry and on the date of the incident, accused No.2 poured kerosene, accused No.1 lit the fire.

29. The evidence of P.W.13 is consistent with the evidence of P.W.21-Taluk Executive Magistrate, who specifically stated that when he was working as Tahsildar, Nagamangala Taluk, he received a requisition of Bellur police. On the requisition, he had been to Adichunchagiri hospital on 10.11.2008, interacted with Smt. Leelavath, came to know that she sustained burn injuries. When he enquired, she stated that accused No.1 to 3 gave harassment to her by demanding the dowry and on 16.7.2008 at 10.30 a.m. accused No.2 poured kerosene, accused No.1 lit the fire. As a result, she sustained burn injuries and admitted to the hospital. He recorded the said statement of Leelavathi as per Ex.P.23 and read over the contents and explained to Leelavathi-the injured and obtained her signature as per Ex.P.23(b) and he subscribed his signature as per Ex.P.23(c) and also took signature of Medical Officer as per Ex.P.23(a). The evidence of P.W.21 is also consistent with