- (1.)Heard on the question of admission. This is an application filed under Section 378(3) of the Code of Criminal Procedure for grant of leave to appeal against the judgment of acquittal dated 15.01.2013 passed by the 3rd Additional Sessions Judge, Khargone (West Nimar) in Sessions Trial No. 228/2011, whereby the trial Court has acquitted the respondent/accused for the alleged offence under Sections 498-A, 304-B and in alternative Section 302 of the Indian Penal Code.
(2.)The respondent had married to Dhundhabai, who died within seven years of their marriage, on account of burn injuries. The Police, after investigation, arrested the respondent/accused and filed charge-sheet against him for the aforesaid offences.
(3.)The trial Court, after recording the evidence led by the prosecution and keeping in view the dying declaration recorded by Shri B.R. Patel, Additional Tahsildar, Khargone, in which the deceased had stated that she received the burn injuries as a result of fall of Chimani on her due to push by a cat and her categorical statement in it that the fire was being tried to be extinguished by her husband and her mother-in-law and she has not been burnt by anybody, passed the judgment of acquittal. The trial Court also considered the statement made by the deceased Dhundhibai in marg enquiry stating there that she was not being burnt by anybody and the fact that she did not make any complaint about the demand of dowry by the respondent/accused, recorded a finding that the respondent is not guilty of the offences alleged against him.