G LAXMAIAH Vs. STATE OF A P

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner as well as the learned Public Prosecutor appearing for the State.

(2.) THIS criminal petition is filed under Section 482, Cr. P. C. to quash the proceedings in S. C. No. 166 of 2000 on the file of the Additional Metropolitan Sessions Judge for the trial of Communal Offence Cases, Hyderabad-cum-VII Additional Metropolitan Sessions Judge, Metropolitan Criminal Courts, Hyderabad.

(3.) THE charge sheet was filed against the petitioner for the offences under Sections 306 and 498-A, I. P. C. According to the averments made in the charge-sheet, the deceased Vijaya Lakshmi, wife of the petitioner herein was admitted in Osmania General Hospital with burn injuries sustained at their residence; and the statement of the said Vijayalakshmi was recorded, in which, she stated that she married the petitioner herein and got 3 daughters and one son; and on 22. 5. 2000, while she was preparing omelet on a kerosene stove, her saree border got into contact with the burning stove, and during that time, she was feeding breast milk to her daughter; and as soon as her saree caught fire, the flames raised and surrounded all over her body; and immediately, she threw her infant on the floor and raised hue and cry; and on hearing her hue and cry, her husband, who was outside the house, rushed to her and extinguished the flames by pouring water and shifted her to the Osmania General Hospital for treatment and no one is suspected in the incident. With regard to that incident, the crime was registered; and during the course of investigation, her dying declaration was recorded by the XII Metropolitan Magistrate, Hyderabad, wherein she stated that she caught fire accidentally, while cooking food on kerosene stove and feeding breast milk to her baby; and immediately her husband put off the fire and admitted her in the Osmania General Hospital.