N.V.RAMANA,J. - (1.) This appeal by special leave arises out of a judgment dated 22nd April, 2009 of the High Court of Madhya Pradesh, Bench at Gwalior, passed in Criminal Appeal No. 349 of 2002. By the said judgment, the High Court reversed the order of conviction against the respondent herein for the offences punishable under Section 304, Part I and 307, IPC passed by the learned trial Court, and acquitted him of the charges.
(2.) According to the prosecution, on 1st June, 1994 at about 9.30 p.m. Rajendra Pathak (PW 12), the SHO of P.S. Singhonia on receiving a telephone call from Khariyahar hospital that some women belonging to the village Kotla Ka Pura were admitted in the hospital with serious burn injuries, rushed to the hospital and conducted inquiry. In the investigation, it was revealed that on the said date, the victims, namely, Parvesh, Deepa, Maya, Rekha and Baby were attending marriage celebrations at the house of Nathi Singh (PW 3), when the accused-respondent herein hurled a burning cow dung cake at them and caused serious burn injuries to them. After recording the statements of injured witnesses, the I.O. prepared spot map, recovered a can of kerosene oil and registered the crime case.
(3.) While undergoing treatment, Deepa died on account of burn injuries on 3rd June, 1994 and Maya, another victim, succumbed to the injuries on 18th June, 1994. Accordingly, charges were levelled against the accused-respondent for the offences punishable under Sections 307 and 302, IPC and committed the case to the Court of Sessions.;