SAVITRI AGARWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in these two appeals is to the judgment and order dated 2nd July, 2008 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Criminal Application Nos. 250 and 2081 of 2008, whereby the said two applications filed by the State and the complainant respectively, have been allowed and the protection granted to the appellants by the Sessions Judge, Amravati vide order dated 18th December, 2007 in terms of Section 438 of the Code of Criminal Procedure, 1973 (for short 'the Code') has been withdrawn. The appellants herein are the mother-in-law, father-in-law, husband and the younger brother of the father-in-law of the deceased-Laxmi. They are accused of having committed offences punishable under Sections 498-A, 304-B read with Section 34 of the Indian Penal Code, 1860 (for short 'the IPC') and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

(3.) Material facts, leading to the filing of these appeals, are as follows : The deceased-Laxmi got married to appellant No. 3 on 26th January, 2006. On 13th October, 2006, they were blessed with a baby boy. On 6th December, 2007 at about 4.30 p.m., appellant No. 2 (father-in-law) is stated to have heard the cries of Laxmi and when he rushed to the second floor of the house, he saw her burning. He tried to douse the fire. Laxmi told him that her son was lying in the bathroom. He rushed to the bathroom and found that the child also had burns. Laxmi and her child were removed to the hospital. At about 6.40 p.m., her statement was recorded by the Executive Magistrate wherein she stated that she and her son caught fire when she was pouring kerosene oil in the lamp which accidentally fell down; the oil got spilled over and both of them got burnt. At about 10.55 p.m., the minor child expired. On receiving the intimation, parents of Laxmi reached the hospital at about 11.30 p.m. the same night. On 7th December, 2007, at about 1.40 p.m. another statement of Laxmi was recorded by the Executive Magistrate wherein again she reiterated that she had got burnt accidentally.