1. Heard learned counsel for the parties. Rule. Heard forthwith by consent of parties.

2. By means of this application under Section 482 of Criminal Procedure Code, the applicants have questioned the initiation of criminal proceedings via FIR No. 135/2010, dated 07/07/2010, registered under Section 306 read with section 34 of the Indian Penal Code with the Police Station, Buldhana (City), as also the consequent charge-sheet bearing no. 161/2010, dated 19/10/2010 and prayed to quash FIR No. 135/2010 and chargesheet no. 161/2010.

3. On the basis of report lodged by respondent no.2 (FIR No. 135/2010), dated 07/07/2010, offence punishable under Section 306 read with Section 34 of the Indian Penal Code has been registered against the present applicants. Applicant no. 1 is serving as Executive Engineer in Minor Irrigation Department, Buldhana while applicant no. 2 is serving as Senior Grade Clerk in the same department. It was reported by non-applicant no. 2 namely Vijay Shrawan Bagde to the police on 07/07/2010, that deceased Rekha was his sister. On 04/07/2010, at about 9.15 O’ clock in the night, he had received information from one Sunil r/o. Buldhana, that Rekha admitted in General Hospital, Buldhana, as she had received burnt injuries. Accordingly, on 05/07/2010, at about 7.00 am, he approached to the General Hospital, Buldhana and saw his sister lying on the bed with burnt injuries on her person and undergoing treatment there. At that time, Sunil, Sharad Jadhav and 2-3 other persons from her office were present. At that time he enquired with his sister as to what had happened. Thereupon she replied that, Ms. Vitalkar, senior clerk working in her office was in need of draft of difference of VI Pay Commission, and hence she had asked her to get it from her computer. Ms. Vitalkar (applicant no.2) had told the said matter to Shri. Somwanshi Saheb, the Executive Engineer (applicant no.1) and thereupon Mr. Somwanshi asked Rekha not to cross madam (Ms. Vitalkar), and also transferred her to Akola and harassed her indirectly and hence on 4.07.10 at 7.15 O’clock in the evening, she had set herself on fire after pouring kerosene on her person in her residential house on getting fed up with the harassment at the hands of Mr. Somwanshi and Ms. Vitalkar. Mr. Jadhav, Clerk working in her office admitted her in General Hospital, Buldhana for treatment. Mr. Shravan Bagde, brother of the deceased, reported that his sister died at about 9.45 pm on 07/07/2010, and requested to take action against the present applicants.

4. It appears that the investigation was carried out and thereafter statements of witnesses have been recorded. According to prosecution, the Executive Magistrate recorded statement of patient Rekha at about 1.00 to 1.10 am on 05/07/2010. It appears that after questioning her about full name, age, address and “As to what happened to you?” “HINDI” to which her reply was recorded in printed proforma of dying declaration. The said dying declaration is in Marathi language and being translated in English as below;

“This day 4/7/2010 i.e. Sunday at about 7.15 p.m., I set myself on fire by pouring kerosene on my person because Ku. Vitalkar is an employee in the office. I am working as a Junior clerk in Irrigation department. Ku. Vitalkar, Senior Clerk was in need of the statement of difference of Sixth Pay Commission. I told her to get it from the computer. I was not having its copy with me. She told about this to Shri. Somwanshi, Executive Engineer. He asked me not to cross madam otherwise he would take action in writing. Thereafter, Shri. Somwanshi made my complaint with the Superintending Engineer and transferred me to Akola Research. I am suffering from Sickle Cell Anemia. Even then the Saheb transferred me to Akola directly and thereby directly put me to harassment and humiliating treatment. Hence I set myself on fire, by pouring kerosene on my person.”

5. It appears that Police Sub-Inspector – Mr. S. R. Patil, also record