APPA. 904-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 904 OF 2011 IN CRIMINAL APPEAL No. 163 OF 2011 Pramod Tukaram Gaikwad ... Applicant Vs. The State of Maharashtra ... Respondent *** Mr. Niranjan Mundargi, for the Applicant. Mrs. V. R. Bhosale, APP for the Respondent. *** CORAM : V. M. KANADE, & A. M. THIPSAY, JJ. DATE : OCTOBER 10, 2011 PC: 1. Heard the learned counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. The applicant was convicted for the offence punishable under Section 302 of the I.P. Code and sentenced to suffer rigorous imprisonment for life. 2. The case of the prosecution is that the applicant has poured kerosene on the person of his deceased wife and set her on fire. As a result, she succumbed to the burn injuries and died. APPA. 904-11 - 2 - 3. It is submitted that first dyeing declaration was recorded by the constable in presence of the doctor; second dyeing declaration was recorded by the doctor and it was an oral dyeing declaration, who recorded it as a history given by the patient; third dyeing declaration was recorded by the Special Judicial Magistrate. It is submitted that in all these three dying declarations, deceased had stated that as a result of accident, there was stove flaring and she sustained burn injuries. It is submitted that, however, one dyeing declaration was recorded at the instance of the father of the deceased in which the deceased has implicated the applicant herein. It is submitted that the applicant had also received the burn injuries, and admittedly, he had taken the deceased to the hospital. 4. We have perused the said dyeing declarations and we find clear inconsistency between the first three dyeing declarations and the last dyeing declaration which was recorded at the instance of father of the deceased. In view of the multiple dyeing declarations which are brought on record, it is, prima facie, difficult to rely on the last dyeing declaration. Under these circumstances, in our view, it is a fit case for grant of bail. The applicant was also on bail during the trial. 5. The applicant be released on bail, on execution of P.R. bond in the sum of Rs.10,000/- with one or two sureties in the like amount. He shall report to the concerned police station in a month. [A. M. THIPSAY, J.] [ V. M. KANADE, J.]