MANISH PITALE,J. - (1.) The State has come up in appeal against impugned judgment and order dated 13-02-2008, whereby the Sessions Court, Wardha (trial Court) has acquitted the respondents for the offences punishable under Sections 498-A and 302 read with Section 34 of the Indian Penal Code (IPC).
(2.) The prosecution case in brief was that the respondents being the husband and in-laws of the deceased were responsible for her suffering 100% burns on 03-02-2006. According to the prosecution, the respondents had harassed the deceased on demand of bringing money from her parents and that on the said date i.e. on 03-02-2006 deceased suffered 100% burns as she lighted the cooking gas in the kitchen of the house, which flared up causing burns not only to the deceased but also to her six months old daughter.
(3.) Perusal of dying declaration dated 04-02-2006 recorded by (PW-9) Police Constable with a signature of Doctor (PW-8) shows that the deceased clearly absolved respondent no.1 (husband), respondent no.3 (brother-in-law) and respondent no.5 (sister-in-law) of any wrong doing on the date of the incident. She has expressed suspicion on her father-in-law (respondent no.2) and mother-in-law (respondent no.4) for having kept the cooking gas on, when she went to light it up, resulting into the fire and causing burn injuries to her. We have perused the original document at Exhibit-58. It shows that while the thumb impression of the deceased does not appear to be clear, the toe impression of the deceased does have some ridges on the same. In this dying declaration the deceased has also stated that her daughter was clasped to her when she went into the kitchen to light up the gas. Apart from the said dying declaration recorded by the Police Constable (PW-9), the prosecution has also placed reliance upon the statements given by the deceased to her relatives, which were claimed to be oral dying declarations given by the deceased. Such statements were given by the deceased to her (PW-1) father, (PW-2) mother, (PW-3) sister and (PW-5) her uncle. In the evidence of these witnesses, it has been consistently stated that the deceased had told that, when she went to light up the cooking gas in the kitchen it flared up, there was a blaze and she sustained injuries. It has only come in the evidence of (PW-5) uncle that at the time of incident when deceased lighted up the cooking gas in the kitchen, her husband and in-laws were also present in the kitchen.;