( 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 SC No. 166 of 2001 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 Sees. 306 and 498-AIPC. 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 omlet 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.

( 4 ) IN the charge-sheet, absolutely there is no averment against the petitioner to charge him for the offence under Section 306 IPC. Only during the course of investigation, it is stated that some evidence has been collected to the effect that the deceased was subjected to harassment and cruelty by the petitioner herein; and he did not provide proper food and clothes to the deceased and her children because he used to spend all his earnings for consumption of toddy and liquor. Thus, there is some evidence with regard to the offence under Section 498-A IPC. But, as far as the offence under Section 306 IPC is concerned, even accepting the allegations on its entirety as stated in the charge-sheet, the offence under Section 306 IPC cannot be attracted, as according to the dying declaration and the evidence available on record, there is nothing to show that the husband has abetted the deceased for committing suicide. This is not a case of suicide as per the dying declaration of the deceased itself, but the fire was accidentally caught to her saree; and in fact, the husband made an attempt to put off the fire and himself admitted the deceased in the osmania General Hospital. About the abetment by the husband for catching fire, neither the deceased stated in her dying declaration nor any other witnesses stated during the course of investigation. It is not the case of the deceased or any other witnesses that it is a case of suicide; but is stated that it is only an accidental death. Merely because it is an accidental death, the harassment and cruelty on the deceased by the petitioner cannot be ruled out, which attracts the offence under Section 498-A IPC.

( 5 ) PREVIOUSLY, the petitioner filed discharge application in Crl. M. P. No. 106 of 2001 before the Trial Court, but it was dismissed on 25-7-2001, against which, the petitioner filed Crl. R. P. No. 929 of 20001; and my learned Brother Sri Justice T. Ch. Surya rao, while dismissing the criminal revision petition by order dated 9-11-2001, observed that although there has been no material whatsoever to sustain prima facie the