( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1661 OF 2009 The State of Maharashtra APPLICANT VERSUS Biru s/o Shrirang Walekar & others RESPONDENTS ..... Smt. R.D. Reddy, APP for the applicant/State. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 10th August, 2009] PER COURT : 1. Heard learned APP Smt. Reddy. The record and proceedings were called and perused. 2. The parents of deceased Smt. Bhagyashri did not support case of the prosecution regarding alleged unlawful demand of Rs. 50,000/- by the respondents. Admittedly, deceased Bhagyashri was married to the respondent No. 1 before about 11 months of her death. ( 2 ) In the evening of 8th April, 2007, she doused kerosene on her person and set fire. The incident occurred in the matrimonial home. Her dying declaration indicated that she was subjected to matrimonial cruelty and, therefore, committed the suicide. The learned Sessions Judge observed that the allegations in the dying declaration are of general character. On perusal of the dying declaration, this observation of the learned Sessions Judge appears to be factually incorrect. The dying declaration reveals that deceased Bhagyashri was being subjected to ill-treatment on account of non-fulfillment of the demand for Rs. 50,000/-. The respondent No. 1 wanted to purchase an auto-rickshaw and as such, was demanding the said amount. The dying declaration also shows that the respondents used to suspect her chastity. It is necessary to examine whether the dying declaration bears ring of truth and could be accepted without corroboration. In this view of the matter, leave to appeal is granted. The application is allowed accordingly. 3. Admit the appeal. ( 3 ) 4. Action under section 390 of the Criminal Procedure Code of which compliance report shall be submitted by the Sessions Court on or before 12th October, 2009. S.O. to 12th October, 2009. [ V.R. KINGAONKAR ] JUDGE NPJ/CRIAPLN1661-09