1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.426 OF 2008 IN CRIMINAL APPEAL NO.482 OF 2006 Chainsingh Papsing Rathod ..Applicant V/s. The State of Maharashtra ..Respondent Mr.Subhash Jha with Ms.Renu Singh, advocate, for applicant Mr.P.S.Hingorani, A.P.P, for the State CORAM : F.I.REBELLO & K.U.CHANDIWAL, JJ. DATE : 6TH MAY, 2008 P.C. . The applicant has been convicted for the offence punishable under Section 302 of the Indian Penal Code. During the trial applicant was not on bail. 2. The learned Trial Judge considering the evidence on record and Dying Declaration recorded as also the oral Dying Declaration to the husband P.W.4 Pawan Kumar Sitaram Saraf, brother P.W.5 Harish Agarwal and other evidence on record has convicted the 2 applicant for the offence punishable under Section 302 of the Indian Penal Code. 3. It is the case of the applicant that Dying Declaration recorded suffers from several infirmities. 4. After having considered the entire evidence and the fact that the incident took place in the shop of the applicant, Kerosene was used and the oral Dying Declaration to the husband and brother we find no case for grant of bail. 5. We may also note that the Dying Declaration was recorded by the Special Executive Magistrate Smt Padma Waghmare on 27th November, 2004 in the presence of the Investigation Officer. This aspect can be looked into at the time of final hearing of the appeal. Application is rejected. (F.I.REBELLO, J.) 3 (K.U.CHANDIWAL, J.)