RAJKUMAR AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicants by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with prayer to quash the order dated 31.8.2015 passed by Additional Sessions Judge, Court No. 3, Jaunpur in Session Trial No. 359 of 2011 (State Vs. Rajkumar and others) whereby the learned trial court has framed charges under Sections 498A, 304B I.P.C. and 3/4 of D.P. Act alongwith alternative charge under Section 302/34 I.P.C. against the applicants.

(2.) Heard learned counsel for the applicants and learned A.G.A. for the State. Perused the records.

(3.) Learned counsel for the applicants has submitted that the death of the deceased was mere an accident. When she was pouring kerosene oil in the burning lamp, her 'Saari' suddenly caught fire and she received severe burn injuries on her body. She was immediately admitted to the hospital on 8.4.2011 by her father-in-law (applicant no. 3). She remained admitted in the hospital for about one month and a total cost of Rs. 1,36,600/-, incurred in her treatment, was borne by the applicants but unfortunately on 9.5.2011 she succumbed to her injuries. It is further submitted that during the aforesaid period of one month when she was remained admitted in the hospital, the police did not record her statement. The father and other relatives of the deceased were immediately informed about the accident and they reached the hospital on 10.4.2011 where the father of the deceased also donated blood to his daughter. It is further submitted that considering all these facts and circumstances the police submitted charge-sheet against the applicants under Sections 498A, 304B I.P.C. and 3/4 of D.P. Act. The applicants were enlarged on bail by this Court.