VIKRANT Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the applicants and the learned AGA for the Respondent No. 1 and also perused the record.

(2.) It appears that in the case Crime No. 130 of 2010 under Section 304B IPC, police station Mansoorpur, district Muzaffarnagar, the investigating officer submitted a final report against which the Respondent No. 2 filed a protest petition along with her affidavit and also the affidavits of the witnesses Smt. Rocha and Smt. Beda. The learned Additional Chief Judicial Magistrate, Court No. 1, Muzaffarnagar considered the final report as well as the protest petition together and passed the impugned order dated 25.11.2010, whereby the learned Magistrate accepted the protest petition and rejected the final report and took cognizance of the offence under Section 304B IPC. Learned Magistrate further directed issue of processes to the applicants.

(3.) The relevant facts of the case are that the deceased Smt. Rocha was the wife of the applicant No. 1 Vikrant. She sustained serious burn injuries in the house of the applicants on 10.3.2010 at about 6.00 a.m. and died on 2.4.2010 in the Medical College, Meerut. Initially she was taken to Joe Nath Hospital, Dwarikapuri, Muzaffarnagar for treatment but was referred to the Medical College, Meerut on 27.3.2010. The cause of death was Septicaemia on account of burn injuries. It is also alleged that a dying declaration of the deceased was recorded in the Joe Nath Hospital, Muzaffarnagar by Sub Divisional Magistrate, Sadar Sri Narendra Singh. In that statement, the deceased stated that she sustained burn injuries accidentally. The investigating officer examined so many witnesses in support of the story that the death of the deceased was accidental and not homicidal. The complainant and her witnesses were also interrogated under Section 161 of the Code, who supported the FIR version. The investigating officer keeping in view the statements of the witnesses submitted a final report. The learned Additional Chief Judicial Magistrate found adequate materials against the applicants, therefore, he rejected the final report and summoned the accused.