STATE OF MAHARASHTRA Vs. HEMANT KAWADU CHAURIWAL

JUDGEMENT

(1.) These appeals, by special leave, have been directed against the judgment and order dated 2.07.2012 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur, in Criminal Appeal Nos.53 of 2007 and 70 of 2007. Criminal Appeal No.53 of 2007 was filed by accused No.1, who was husband of the deceased and Criminal Appeal No.70 of 2007 was filed by accused No.4, who was the mother-in-law of the deceased. Both these accused are respondents herein. Apart from the above two accused, there were three other accused but they were acquitted by the Trial Court while the respondents were convicted. In appeal by the convicted respondents, the High Court quashed and set aside their conviction and sentence and absolved them of all the charges.

(2.) The facts of the case, as disclosed by the prosecution, are that an FIR was lodged on 21.06.2004 at Ghatanji Police Station after receipt of dying declaration recorded on 20.06.2004, by Naib Tehsildar at Yavatmal General Hospital. In the morning of 20.06.2004, deceased Asha Hemant Chauriwal was brought to Ghatanji Hospital for treatment of burn injuries. She was later shifted to Yavatmal Hospital for further treatment. Her dying declaration was recorded by Naib Tehsildar at around 5:45 PM on the same day, following which the above said FIR was lodged. The deceased died on 22.06.2004 due to septicemia as a result of 88% dermo epidermal infected burn injuries.

(3.) After investigation, charge-sheet was filed against five accused. After considering the material on record and hearing the counsel for the accused persons, they were charged for offences punishable under Section 302 read with Section 34, Section 304-B read with Section 34 and also under Section 498A of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"). The charges were read over and explained to them. All the accused persons pleaded not guilty and claimed for trial.