( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3389 OF 2010 1. Balaji s/o Gangadhar Bodke 2. Gangadhar s/o Tukaram Bodke Both r/o Adlur, Tq. Mukhed, District Nanded. APPLICANTS VERSUS The State of Maharashtra RESPONDENT .... Smt. S.T. Kazi, advocate for the applicants. Mr. B.J. Sonawane, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 12th October, 2010] PER COURT : 1. The application is for bail. 2. The applicants are son and father interse and are husband and father-in-law of deceased Smt. Snehalata. The marriage between applicant No. 1 Balaji and deceased Snehalata was performed before about one (1) year of the alleged incident. It is alleged that deceased Smt. Snehalata was subjected to matrimonial cruelty by the applicants and they set her ablaze in the morning of 6th April, 2010 at about 10 a.m. in the matrimonial home. ( 2 ) 3. Heard learned advocate for the applicants and learned A.P.P. Perused the investigation papers. 4. The learned advocate for the applicants would submit that the dying declarations of deceased Smt. Snehalata are fluctuating and inconsistent. She would submit, therefore, that the genesis of the incident is unclear and the applicants cannot be held responsible for the death of Smt. Snehalata. She contended that both the applicants are falsely roped in and that they may be granted bail due to such false implication. 5. The investigation papers prima facie show that deceased Smt. Snehalata was a young girl aged about 19 years. Even in her first dying declaration, she narrated that since the time of marriage, the applicants were giving trouble to her. They were complaining that her parents had given less amount of dowry and she was not knowing the agricultural as well as the domestic work. She narrated that on 5th April, 2010, the applicant No. 1 had pushed her to the ground. She narrated further that in the relevant morning of 6th April, 2010, she received burn injuries due to accident while she was ( 3 ) cooking in front of a furnace. However, she narrated further that because of the matrimonial cruelty meted out to her by the applicants, she had set herself ablaze and, therefore, she received the burn injuries. In the next dying declaration recorded on 7th April, 2010, she narrated that she was set ablaze after picking up a quarrel by the applicants. In the third dying declaration recorded on 8th April, 2010, she gave details about the matrimonial cruelty and further alleged that kerosene was poured on her person while she was cooking in the house and thereafter, she was set ablaze. 6. True, there are certain inconsistencies in the dying declarations of deceased Snehalata. At the same time, it prima facie appears from the report of Assistant Chemical Analyser that the partially burnt saree of the deceased and her petticoat were found to bear kerosene particles. In other words, there is prima facie evidence to show that kerosene was poured on her saree and, therefore, it is difficult to give much importance to the story about accidental burns as was stated at the earliest. 7. The second dying declaration of deceased Snehalata was recorded on 7th April, 2010 by the Special Judicial ( 4 ) Magistrate while she was under medical treatment. It appears from the said dying declaration that she narrated about the incident of setting herself ablaze by the husband and the father-in-law. The deceased had received extensive burns and died as a result of 97% burns. The death occurred within period of one year of the marriage and under the un-natural circumstances. It further appears that soon before her death i.e. on previous day, her husband had assaulted her by pulling her hands and pushing her against a wall or by pushing her to the ground. No allegation is made against the applicant No. 2 in respect of the alleged cruelty meted out to her on 5th April, 2010. There is no prima facie evidence to show that she was subjected to matrimonial cruelty soon before her death at hands of the applicant No. 2. The applicant No. 2 is old aged person and appears to have been roped in only because he might have been aggrieved due to alleged less payment of the dowry amount. It is pointed out by the learned advocate that the applicant No. 1 had received burn injuries while extinguishing fire. It appears that the applicant sustained 5% burn injuries which are of superficial and simple nature. In view of the fact that if the case would not come within section 302 of the I.P. Code, then it may possibly fall within the ambit of Section 304-B of the I.P. Code, I find it ( 5 ) difficult to grant liberty to the applicant No. 1, particularly in view of prima facie evidence regarding the matrimonial cruelty meted out to the deceased soon before her death. 8. In the result, the application is partly allowed. The applicant No. 2 - Gangadhar be released on bail on furnishing of bail bonds in sum of Rs. 20,000/- (rupees twenty thousand), with one solvent surety bond in the like sum, to the satisfaction of Court of Sessions and on condition that he shall not contact any of the prosecution witnesses and shall make no attempt to tamper with the evidence of the prosecution. The application of the applicant No. 1 - Balaji, is dismissed. [ V.R. KINGAONKAR ] JUDGE NPJ/crfiapln3389-10