JUDGMENT - N.J. PANDYA, J.:---Appeal No. 575 of 1995 and Appeal No. 576 of 1995 have been filed by the State. Appeal No. 434 of 1995 has been filed by the convicted accused.

2.The State has chosen to file the aforesaid two Appeals respectively for challenging the order of acquittal and the order of sentence.

3.The facts leading to the lodging of the Sessions Case No. 62 of 1995 in the Court of Sessions Judge at Dhule, were relating to the incident that had occurred on 15th September, 1994 at about 10.00 a.m. The wife of accused No. 1 Vidya received burn injuries and at that time she was tried to be rescued by accused/respondent No. 1 along with his mother accused No. 3. After dousing fire, accused No. 1 took her to a hospital known as "Bohra's Hospital".

4.In the course of treatment, the statements were recorded on 15th September, 1994 itself where the said wife Vidya had come out with a story of having accidental burn. The story for receiving accidental burn was to the effect that she was cooking in the kitchen. Her younger daughter Radha, aged 2 and 1/2 years, was playing with a match box around her. While she was so playing with match stick, it got struck and the lighted match stick was thrown by the child which fell on the sari of the deceased and that is how she got burnt.

5.By night of 15th and 16th September, 1994 or at least by early morning of 16th, the parents of the deceased had come to Dhule from Pune. They had talked with the deceased about the incident. Later on, the father of the deceased by name Santosh Damodar Patil lodged the complaint with Azad Nagar Police Station, Dhule, on 17th September, 1994, where he disclosed that his daughter Vidya was constantly being harassed, ill-treated and humiliated. There were demands of money made by the accused and on not having fulfilled the same, she was being ill-treated. There was physical torture also. As a result of these constant harassments and demand of money, according to the complainant, it was the deceased who had poured kerosene on herself and lighted match stick and got burn injuries.

6.The second statement of Vidya was recorded on 19th September, 1994 where she came out with a story on the line as was given by the complainant. So far as the main incident is concerned, she had categorically stated that she had burnt by pouring kerosene on herself and not by a lighted match stick, accidentally thrown. Obviously, this change in the version resulted into the registration of an offence which has eventually ended up as a charge-sheet of Sessions Case No. 62 of 1995. On account of burn injuries, Vidya died on 20th September, 1995. By that date, she was brought to Bombay at Masina Hospital.

7.Vidya was not exactly from the area of Dhule. She had a part of her education in Dhule. While she was in Dhule, at that time, she was staying with her maternal aunt, which was a family of quite prominence in the area. The husband of the deceased called Dr. Borase, who was residing in that area only. It has come on record that on happening of this incident, as per the advice of the said Dr. Borase, Vidya was removed to Bohra's Hospital as it was especially meant for burn injuries.

8.The information about the incident was received by the parents of the deceased through one Mr. Fakira Motiram Patil. The complainant, the father of the deceased, came on the scene along with the other family members and lodged the complaint on 17th September, 1994 and, therefore, there is no doubt a question as to why the father of the deceased on getting the information about the burn injuries immediately on his arrival, did not lodge the complaint on the same day. The police swung into action drew a panchnama of the scene of the incident which was in the house of the accused at Dhule. The articles were seized and kept in one bundle by the Investigating Officer. The investigation from this officer was taken over by one Mr. Nikam, a PI, who in turn made it over to P.S.I. Mr. Suryawanshi. That is how there ar

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