STATE Vs. DINESH

JUDGEMENT

(1.) The present Appeal is instituted on behalf of the State under Section 378 of the Code of Criminal Procedure, 1973, (hereinafter referred as "Cr.P.C.") against the impugned judgment dated 21.03.2011 passed by the Court of ASJ, Rohini Courts, Delhi, FIR No. 112/2010, P.S. Aman Vihar, registered under section 302/307/34 of the Indian Penal Code, 1860 (hereinafter referred as "IPC").

(2.) The brief facts of the case, as distinguished by the learned Trial Court are as under: -

(3.) After investigation was over, charge-sheet against the accused persons was filed before the Court for the offences punishable under Sections 302/34 of the IPC and charges were framed against the accused persons for the said offences. To substantiate the accusation, prosecution examined twenty-eight witnesses in all to prove its case. Statement of accused persons under Section 313 of Cr.P.C was recorded wherein they pleaded their innocence and stated that Kavita had come to their house with a panni containing clothes and poured kerosene on herself, people also gathered there but Kavita was adamant and in no time she burnt herself with the help of a matchstick. Respondent-1 further stated that he along with his parents had attempted to save her and in the process he and his father got burnt.