(1.) This Appeal is directed against the Judgment and Order dated 7th January, 2003 passed by the IInd Adhoc Additional Sessions Judge, Ahmednagar in Sessions Case No. 52 of 2001, thereby acquitting both the accused i.e. Respondent Nos.1 and 2 from the offences punishable under Sections 302, 498-A read with section 34 of the the Indian Penal Code (for short "I.P. Code").
(2.) The prosecution case, in brief, is as under:-
(3.) A charge was framed by the IInd Adhoc Additional Sessions Judge, Ahmednagar against the accused persons, to which accused pleaded not guilty and claimed to be tried. The defence of the accused was of total denial. The defence of the accused as per their statements recorded under section 313 of the Code of Criminal Procedure and written statement filed by them is that, they never demanded money for purchasing the motorcycle. Accused - Suresh is already possessing motorcycle since before the marriage. Both accused are serving and therefore, their financial condition is sound. They never asked Pratibha to bring any amount. On the contrary, married life of Pratibha and Suresh was happy. Through the said wedlock, Pratibha delivered a son namely Akash. On the day of incident, as the gas cylinder was empty, Pratibha ignited the kerosene stove for heating the milk for their son Akash. There was burst of stove and during that incident, Pratibha caught fire and received burn injuries. Both accused tried to extinguish the fire by throwing water on the person of Pratibha. In the said process, accused Suresh also received burn injuries to his left hand and face and his pijama also caught fire. Both the accused with the help of neighbourers took Pratibha to the Civil Hospital and admitted her for treatment.
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