LAWS(ALL)-2013-2-147

SAROJ DEVI Vs. STATE OF U P

Decided On February 07, 2013
SAROJ DEVI Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) PARCHA filed by Shri Lokendra Pratap Singh and Ashutosh Pratap Singh, Advocates on behalf of opposite party No. 2 is taken on record.

(2.) HEARD learned counsel for revisionist, learned AGA for State, as well as Shri Lokendra Pratap Singh and Ashutosh Pratap Singh, as counsel for opposite party No.2. This revision under Section 397, 401 Cr.P.C. is directed against the order dated 12.12.2012 passed by learned Additional Sessions Judge, Court No.5, Firozabad in S.T. No.579 of 2012 (State Vs. Arun Kumar and ors) arising out of Case Crime No.117 of 2012 pertaining to Police Station North, District Firozabad whereby the application for discharge under Section 227 Cr.P.C. filed on behalf of accused revisionist Smt. Saroj Devi was rejected. Learned counsel for revisionist submitted that revisionist is the mother-in-law of the deceased. In her dying declaration, the deceased stated that she was asked by her mother-in-law to sweep the roof and on the roof, she poured kerosene oil on her and set her ablaze. It was contended that from dying declaration, offence under Section 304 IPC is not disclosed against the revisionist.