Cri. Appln. No. 3453/10 1 IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3453 OF 2010 The State of Maharashtra ....Applicant. Versus 1. Gokul Sampat Rathod, 2. Sampat Mana Rathod, 3. Pabibai Sampat Rathod, 4. RAju Sampat Rathod, 5. Pintibai @ Sarita Sampat Rathod, All R/o. Pimparkheda Tanda, Presently R/o. Shivpur Shivar, Tq. Chailsgaon, Dist. Jalgaon. ....Respondents. Mrs. R.K. Ladda, APP for State/applicant. Mr. A.K. Tiwari, Advocate for respondent Nos. 1 to 5. CORAM : NARESH H. PATIL & T. V. NALAWADE, JJ. DATED : 3rd May, 2011. ORAL ORDER : [ PER T.V. NALAWADE, J.] 1. This application is filed by the State for granting permission to file appeal against judgment and order of Sessions Case No. 188/2007, which was pending in the Court of Additional District and Sessions Judge, Jalgaon. The APP was heard and record was called. We have perused the record. Cri. Appln. No. 3453/10 2 2. The evidence collected shows that deceased Ranjanabai was given in marriage to the present respondent No. 1 on 21.4.2006. Respondent Nos. 2 and 3 are parents of respondent No. 1, respondent No. 4 is younger brother of respondent No. 1 and respondent No. 5 is younger sister of respondent No. 1. The father of deceased has made allegation that after the marriage, the husband made demand of colour television and C.D. player. This demand was met with. He has further made allegation that in June 2007, respondent No. 1 had demanded Rs. 50,000/- as he wanted the money for getting the employment. On that occasion, the amount of Rs. 25,000/- was given to him as per the case of the complainant. The complainant has contended that even after meeting this demand, the deceased was disclosing that all the respondents were giving illtreatment to her. He has contended that fresh demand of money was made. It is the case of the complainant that on 10.6.2007 he again gave Rs. 25,000/- to the respondent No. 1 in presence of one witness, but the illtreatment was continued. 3. The incident took place in the night between 27.7.2007 and 28.7.2007 after 11 p.m. All respondents were at home. The deceased sustained burn injuries on that night and on 28.7.2007 the respondent No. 1 gave report that the deceased had set fire to herself after pouring kerosene. During the course of investigation, police recorded statements Cri. Appln. No. 3453/10 3 of some witnesses. In the Trial Court, the complainant was examined and he has stuck to the allegations made in the report. One Saidas was examined to prove the demands made by respondents and to give evidence on incidents on which the complainant had given money to the husband. 4. The evidence given before the Trial Court shows that the deceased died due to 100% burn injuries and kerosene was used. All the respondents were at home and the incident took place in the night time. The report was given immediately by the father of the deceased after reaching the village. The evidence shows that the allegations are mainly against the husband of the deceased. The articles were given to husband and the money was also required for getting job to husband. There are vague allegations against the remaining respondents. The incident took place in the room of accused No. 1/husband. There is general tendency to rope in almost all the relatives of the husband in such a case. As there are specific allegations against the husband only and there are vague allegations against the remaining respondents and as there are aforesaid circumstances, the appeal can be allowed to be filed only as against the husband/respondent No. 1. Nothing can be achieved by giving permission to file the appeal against the remaining respondents. 5. So the applicant is partly allowed. Permission is granted to State Cri. Appln. No. 3453/10 4 to file appeal against respondent No. 1 - Gokul Sampat Rathod. Application in respect of other applicants stands rejected. Action under section 390 of Criminal Procedure Code be taken. Record and proceedings be sent back to the Trial Court. [ T. V. NALAWADE, J.] [ NARESH H. PATIL, J.] ssc/ca3453.10