Sudhansu Jyoti Mukhopadhaya, J. - (1.)THIS appeal is directed against the judgment and order dated 18 October, 2007 passed by the High Court of Judicature at Bombay in Criminal Revision Application No. 321 of 2004. By the impugned judgment, the High Court set aside the judgment dated 29 May, 2004 passed by the Sessions Judge, Satara in Sessions Case No. 4 of 2004 acquitting the Appellant -accused for the offence punishable Under Section 498A and 302 of the Indian Penal Code and remanded back the proceedings for consideration afresh to the Session Court.
(2.)THE factual matrix reveals that the deceased Archana married to the Appellant -accused on 6 June, 2003. Satyanarayan Puja was performed on 8 June, 2003. As per family traditions, Archana returned to her father's house on 9 June, 2003 and, thereafter, she went back to matrimonial home on 11 June, 2003.
On 14 July, 2003 the deceased Archana sustained 95% burn injuries in her matrimonial house. Her husband, Appellant -accused was present in the house at the relevant point of time. She was admitted in Civil Hospital, Satara, where the Special Executive Magistrate had recorded her dying declaration on 14 July, 2003 (first dying declaration).

(3.)THE message of the burn injuries suffered by Archana was received by her maternal uncle on 15 July, 2003. He along with his wife, went to see Archana and found that she was under medical treatment in Civil Hospital at Satara.