STATE OF MAHARASHTRA Vs. NIRMALABAI

JUDGEMENT

(1.) Present application has been filed under Sec. 378(1)(b) of the Code of Criminal Procedure seeking leave to file an appeal challenging the judgment and order dtd. 10/4/2018 passed by the learned Additional Sessions Judge, Gangakhed, Dist. Parbhani in Sessions Trial No.07 of 2017; thereby acquitting the respondent from the offence punishable under Ss. 498-A, 302 read with Sec. 34 of Indian Penal Code.

(2.) Heard learned APP Mr. S. D. Ghayal for the applicant - State. With the able assistance of learned APP, we have gone through the record, which was before the learned Trial Judge.

(3.) All respondents are the husband and in-laws of deceased Seema. Seema's marriage was solemnized with accused No.2 in the year 2011. She had two children. Seema received burn injuries around 9.00 p.m. on 14/10/2016 and was admitted to Government Hospital, Gangakhed and then shifted to Government Hospital, Ambejogai. She expired on 23/10/2016. On the basis of her dying declaration, the offence came to be registered. In her dying declaration, she has stated that when she was in her room, in the matrimonial home, her mother-in-law i.e. accused No.1 came inside, poured kerosene on her person and lighted match stick and set her to fire. While going out of the room she had locked the door from outside. After hearing hue and cry, accused No.2 rushed and accused No.4 Meera - cousin sister-in-law poured water on her person and extinguished the fire. They had taken her to Government Hospital, Gangakhed. According to the said dying declaration all the four accused used to assault her and ill treat her.