1 Cri. Appln. No.2592/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2592 OF 2011 Arbajkhan s/o Dilshad Khan & anr. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri S.S. Kazi, Advocate for applicants Shri N.H. Borade, A.P.P. for respondent ..... CORAM : U.D. SALVI, J. DATED : 22nd September, 2011. PER COURT : 1. Heard. Perused application and the record. The applicants/ accused, son and mother, convicted for the commission of the offences punishable under Sections 498-A, 307, 312 read with Section 34 of the Indian Penal Code and sentenced to suffer R.I. for three years, seven years and three years on each count and to pay total fine amount of Rs.2000/- each, have moved the present application for suspension of their sentences and consequent grant of bail. 2 Cri. Appln. No.2592/2011 2. Perusal of the record reveals that the learned trial Court believed the testimony of the victim, the complainant P.W.1 Saminabegum, wife of the applicant/ accused No.1 Arbajkhan and disbelieved the testimonies of the defence witnesses who were examined to establish alibi in relation to the applicant/ accused No. 1 Arbajkhan. P.W.1 Saminabegum deposed that, she was being harassed by husband and mother-in-law for getting money from her parents to purchase a jeep and her harassment culminated into setting her on fire inside the matrimonial home by the applicants/ accused. Medical evidence confirms the fact of 43% burn injuries sustained by P.W.1 Saminabegum and her pregnancy at the material time. P.W.1 Saminabegum deposed that, as a result she being put on fire, she came out of the house in burning condition and one Akbarbhai – P.W.4 Mirza Akbar extinguished the fire. Evidence of P.W.4 Mirza Akbar corroborates this fact. P.W.4 Mirza Akbar deposed that he was neighbour of the accused and used to hear noise of quarrel taking place in the house of the accused, and on hearing voice of a lady around 3.30 p.m. on 7.5.2009, he came out and saw P.W.1 Saminabegum in flames and thereafter he and one Zahur extinguished the fire and removed her to Ghati Hospital in a police jeep. He added that, in the enquiries made with P.W.1 Saminabegum, she had disclosed the fact of the members of her family setting her on fire. 3 Cri. Appln. No.2592/2011 3. A lame defence was taken that, prior to the incident in question, P.W.1 Saminabegum had tried to commit suicide on two previous occasions, but there is no whisper of this to be found in the testimony of P.W.2 Shaikh Latif Shaikh Raheman, father of the victim P.W.1 Saminabegum. There is, therefore, no reason to come to any conclusion at this stage that the findings of the trial Court are perverse. Suspension of the sentence is, therefore, not warranted. 4. Hence, the application is rejected. ( U.D. SALVI, J. ) fmp/cri2592.11