1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.307 OF 2010 Rahul S/o.Narsing Kamble APPLICANT VERSUS The State of Maharashtra, Through Police Station Udgir (City) Dist. Latur. RESPONDENT Mr.P.G.Rodge, learned counsel for applicant. Mr.B.J.Sonwane, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 15/02/2010 PER COURT : 1. By the present application, the applicant/husband of the deceased has approached this Court for his release on bail, in connection with CR No.67/2009, registered in Udgir Police Station of Dist. Latur, as he came to be arrested in connection with the said offence on 25/12/2009, wherein now investigation is over and charge sheet is filed, hence claimed bail as he is serving in Army and not residing where the witnesses are residing. 2. Heard learned counsel for applicant followed by the submissions of learned APP for State. Also perused the papers of 2 investigation as the investigation is over. 3. It is not under dispute that the deceased is the wife of the present applicant and succumbed to death due to burn injuries in the night of 27/10/2009. At that time, the applicant was on leave. Said offence came to be registered on the complaint of deceased herself, whose statement/dying declaration was recorded while she was under medical treatment in the Civil Hospital at Udgir, wherein it is stated that the applicant was harassing to her on demand of money. The papers of investigation shows that the incident occurred on the construction site where the construction was in progress of the plot which was purchased by the parents of the deceased in her name. The bank passbook shows that there was deposit in the sum of Rs.1,01,677/-, deposited by the mother of the deceased and from this source of money, construction was in progress. The allegation in the complaint as well as the narration about the disclosure of the event by the deceased to others discloses that on that day, at about 4.00 p.m. when the deceased alongwith her husband were on construction site at the 2nd floor and work of painting was in progress, the applicant asked the deceased to pour kerosene on his hands to wash the paint and while the deceased was pouring kerosene on his hand, applicant snatched the bottle containing kerosene from the hands of the deceased, and poured kerosene on her person and set her on fire. As she sustained burn injuries, she started shouting, from where she was taken to the hospital and on the way to the hospital, she narrated the incident to the persons, 3 who carried her to the hospital as well as to her parents. There is direct nexus between the death of deceased and the act committed by the present applicant which is punishable with either life imprisonment or death. Hence, there is prima facie evidence about the act committed by the applicant and the death of deceased. Hence the application sans any merit, and stands rejected. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.307-10