( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3424 OF 2010 Padminibai Somnath Chandane APPLICANT VERSUS THe State of Maharashtra & another RESPONDENTS .... Mr. N.V. Gaware, advocate for the applicant. Smt. S.D. Shelke, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 31st August, 2010] PER COURT : 1. Heard learned counsel. 2. The F.I.R. is registered on strength of dying declaration recorded by the police. Deceased Swati was the daughter-in-law of the applicant. She was young and aged about 20 years at the relevant time. The F.I.R. prima facie purports to show that in the morning of 15th August, 2009, the applicant quarreled with deceased Swati and she instigated husband of deceased Swati to pour kerosene on her person and to kill her. It is stated that the applicant poured kerosene on person of Swati from a canister and the husband set fire to ( 2 ) her person. Counsel would submit that the applicant is falsely implicated afterwards. He points out from the copy of medico-legal papers that immediately, deceased Swati gave history of accidental burns when she was admitted in the hospital. The copies of medical admission papers do not show that the history was given by deceased Swati herself. It is pertinent to notice that approximately, 90% burns were fund on person of deceased Swati when she was admitted in the hospital. Therefore, it is prima facie difficult to infer that she was in a position to give the history of the burn injuries, in view of the extensive burns received by her as well as in view of her immature age and the obvious scared mental state of mind. In any case, merely on basis of such stray reference in the medical papers, the story narrated by her after regaining consciousness and when she was fit to give her statement, cannot be discarded at such a preliminary stage when the investigation is going on. Hence, the application is without substance and as such, is dismissed. [V.R. KINGAONKAR] JUDGE NPJ/criapln3424-10 ( 3 )