JADIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Two applicants have preferred this application for bail as applicants came to be arrested by the Police investigating Cr. No. 1 226/97 registered at Sherkotda Police Station on the allegation of sprinkling kerosene on the person of the deceased and causing serious burns by throwing at her lighted matchstick.

(2.) The deceased soon after sustaining injuries was taken to the Civil Hospital where her complaint came to be recorded. After investigation being completed Police has filed chargesheet, however, the learned Advocate had thought it fit not to place the chargesheet before the Court. The complaint disclosed allegations as under:

(3.) Deceased Hiraben was residing with her husband, her mother-in-law-Jadiben applicant No. 1, Asha her sister-in-law applicant No. 2, her father-in-law, her two brothers-in-law Bharatbhai and Manoj. It is averred by her in the complaint that her mother-in-law and sister-in-law tortured her and her husband being afraid of her mother-in-law was not able to say anything to them though she conveyed about the same. Prior to three days of the incident, applicants quarrelled with her. On the date of incident at about 9.00 p.m. deceased, the complainant was with her mother-in-law and sister-in-law. At that time her father-in-law and husband were out of home. It is at this time the applicants picked up a quarrel and mother-in-law poured kerosene on the person of the complainant while her sister-in-law applicant No. 2 giving abuses threw a lighted matchstick on her as a result of which she was surrounded by flames. These applicants thereafter left the house. The complainant sustained burn injuries and on raising shouts by her persons collected and she was taken for treatment to the Civil Hospital by one Mukesh, where her complaint came to be recorded. She has clearly stated that her mother-in-law and sister-in-law caused burn injuries to her. Complainant died during the treatment and the offence came to be registered punishable under Sec. 302 of the Indian Penal Code.