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Judgment
Amar Saran, J.—Heard learned Counsel for the applicants, learned Counsel for respondent and learned AGA.
Learned Counsel has filed certain documents which are taken on record.
The victimcomplainant has burn injuries on the left forearm. It is argued by the learned Counsel for the applicants that the allegation is that kerosene oil was poured on the head of the victim while she had suffered injury on her hand. In the FIR it is mentioned that abuses were hurled on her and kerosene oil was poured on her and the applicants were about to light the match when being apprehensive she shouted loudly and tried to run away during which period the said injury was caused on her hand. She has a large number of injuries and the contention of the learned Counsel for the applicants that the medical report dated 21.10.2003 (date of incident) (Annexure9) of the Sadar Hospital, Mirzapur, was false, cannot be accepted at this stage. It is further argued that the applicants are distant relatives and the victim has given inconsistent statements. At one point she stated that she is not married, at another she stated to be married to the relative of the applicants.
This is a very brutal case and allegations are against the applicants also. Further, it involves questions of fact which cannot be determined in this application under section 482 Cr. P.C.
No ground for interference has been made out. The application is rejected stay order is vacated.
The Trial Court is directed to expedite the trial in Case No. 24 of 2004, pending in the Court of CJM, Mirzapur, under sections 323, 504, 506, 498A IPC and 3/4 DP Act, PS Katra Kotwali, District Mirzapur.
The office is directed to send a copy of this order to the Court below within a week.
