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AND I hereby direct that you be tried by me on the aforesaid charge."

4. Both the accused persons pleaded not guilty to the charge.

5. In support of its case, the prosecution examined Dr. Sudendu Umakant Belsare (PW1), Dr. Prafulla Govind Hirode (PW2), Ramesh Wamanrao Kasabe (PW3), Narayan Kashinath Gaikwad (PW4), Kantilal Rajaram Adasul (PW5), Padmabai Rajani Chavan (PW6), Chaya Balu Jadhav (PW7) and Sunil Dadasaheb Ghadge (PW8) and also the documentary evidence.

6. The incriminating evidence that was produced by the prosecution against the accused persons was put to them in their statements under section 313 Cr.P.C.

13. Ramesh Wamanrao Kasabe (PW3) is the ex-husband of accused No.1. He deposed that he noticed the illicit relationship between his wife Sunita and Rupesh and therefore, he left Sunita 2 to 2.1/2 years before the date of incident and married one Asha.

14. Narayan Kashinath Gaikwad (PW4) is the father of Rupesh. In his examination-in-chief he stated that on 7.7.99 at about 11.00 p.m. his son Rupesh came. The entire body of Rupesh was burnt. He asked Rupesh as to how he sustained burn injuries and who had burnt you, Rupesh then told him that he had gone to the house of Sunita and the said Sunita had deceived him. Rupesh told him that one person of blackish appearance was present in the house of Sunita. Sunita and that person picked quarrel with him; assaulted him; both the persons sprinkled kerosene on his person; ignited match-stick; set him on fire and ran away. He then immediately called for Ambulance and took Rupesh to Sassoon Hospital. Rupesh was then admitted in Ward No.27. According to him, on 8.7.99, the police officer of Yamuna Nagar Police Chowky as well as the Magistrate came to the hospital and recorded the statements of Rupesh. At the time of recording of the statement by the Magistrate, he and the other members of the family got out of the ward. On 9.7.99, the police brought one person having dark colour to Sassoon Hospital. Rupesh identified that person who picked quarrel with him and set him on fire. The police recorded his statement on 10.7.99. In his cross-examination tell the exact time when Magistrate came to the Sassoon he was unable to the police and the Hospital on though he stated that it was in the night time. According to him, the distance between the place of incident and his house was approximately 2 and 2.1/2 km. He denied that the accused Sunita brought his son to his house.

27. We are informed by the learned counsel for the present respondent No.1 (original accused No.1) that during the pendency of this appeal, action under section 390 of the Cr.P.C. was taken and since the respondent No.1 was not in a position to furnish personal bond, she is detained in jail. We accordingly, direct that respondent No.1 (original accused No.1-Sou. Sunita Ramesh Kasabe) be released forthwith if not required in any other case.