(1) CRI.APP. 3951.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3951 OF 2010 1. Vimalbai w/o Vishwambhar Ban Age : 50 years, Occu.: Household, R/o Village Kandi Borgaon, Tq. and Dist. Latur 2. Radhabai w/o Vithal Giri Age : 30 years, Occu.: Household, R/o. Village Padoli (Naigaon), Tq. Kalamb, Dist. Osmanabad .. Applicants VERSUS The State of Maharashtra, Through Police Station, Murud, Dist. Latur (Copy to be served on P.P. High Court of Judicature at Bombay Bench at Aurangabad) .. Respondent ... Mr. Sudarshan J. Salunke, Advocate for the Applicants Mr. P.P. More, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 23RD NOVEMBER, 2010 ORAL ORDER:- 1. This is an Application for bail. 2. Heard learned Advocate for the applicants and learned A.P.P. Perused the investigation papers. (2) CRI.APP. 3951.2010 3. It is argued that both the applicants are women and their involvement in the crime is rather improbable because deceased-Sarita was young woman and could not have been overpowered by the applicants. It is argued that the deceased was frustrated due to alleged infertility and could have committed suicide and might have attributed the authorship to the applicants in order to avenge upon them. 4. It prima facie appears that the incident occurred on 9.5.2010 in the matrimonial house of deceased-Sarita when only the applicants and herself were present. On the same day her Police statement was recorded and was treated as F.I.R. It appears that she sustained severe burns during course of the assault and died as a result of the shock caused due to the burs on 15.5.2010. The Police also recorded statements of neighbouring witnesses including Govind and Tukaram. The versions of the witnesses prima facie show that while trying to extinguish the fire, injured Sarita was naming both the applicants as the authors of the burn injuries. She urged witness (3) CRI.APP. 3951.2010 Govind to inform her father that both the applicats had set her on fire. The statement of P.W. Tukaram Kamble show that both the legs of injured-Sarita were tied by means of a rope when the fire was extinguished. It prima facie appears to be improbable that she herself would have tied her legs and in such condition could have immolated herself in order to frame the applicants. The statement of P.W. Vasist Ban lends prima facie support to the story of the prosecution. His version shows that he is uncle of the husband of the deceased-Sarita. His version shows that husband and father-in-law of deceased- Sarita were not at home in the relevant morning when Sarita came out of the house when in burning condition. She narrated to him the same story alleging that both the applicants told her that she was infertile (oka>), tied her legs, gagged her mouth by means of a cloth piece and thereafter set her on fire. 5. At this juncture, evaluation of the evidence and minute examination of the creditworthiness of the witnesses is not expected. There appears sufficient (4) CRI.APP. 3951.2010 prima facie material to infer that both the applicants committed the alleged crime. True, ordinarily woman accused are required to be granted favourably the discretionary relief in appropriate case. Still, however, considering the nature of ghastly incident and the crime of bride burning, I find it difficult to extend such discretionary relief to the applicants. Hence, the Application is dismissed. Sd/- [V. R. KINGAONKAR, J.] arp