ORAL JUDGMENT :-

1. Heard Mr. Chutke, learned APP for the appellant/State and Mrs. Saware, learned appointed counsel for the respondent.

2. The appeal questions the judgment dated 17.10.2011, passed by the Ad-hoc Assistant Sessions Judge-2, Chandrapur, whereby the respondent/accused has been acquitted of the offence punishable under Section s 498-A and 306 of the Indian Penal Code .

3. The relationship between the deceased Mumtaz and that of the accused was of husband and wife. The incident is dated 04.10.2010, when it is alleged that at about 08.00 p.m. the accused came to the house under the influence of liquor, quarreled with his wife, and assaulted her mercilessly. The wife could not bear the ill-treatment, and therefore, poured kerosene on her person and set herself ablaze. The neighbors who were residing in the same locality i.e. PW-2/Maya Nimgade (page 26), her husband Bhimrao, Maya Burle, Firoza – sister of the accused, who were standing on the terrace saw smoke coming out of the window and therefore rushed down. PW-2/ Maya poured water on the person of Mumtaz and all of them took her down and carried her on the motorcycle of one Boliwar to Primary Health Centre Vyahad. Since the