IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 628 OF 2010 IN CRIMINAL APPEAL NO. 303 OF 2010 SANJAY SHIVMURTI JANGAM .. APPLICANT VERSUS THE STATE OF MAHARASHTRA & ORS.. RESPONDENTS Mrs. Nasreen S. K. Ayubi, Advocate appointed for the applicant. Mr. H. J. Dedhia, APP CORAM: SMT. RANJANA DESAI & SMT. N. N. MHATRE, JJ. DATED: 6th MAY, 2010 P.C. The applicant was tried by Additional District and Sessions Judge, Nashik in Sessions Case No. 32 of 2007 for offence punishable under Section 302 of the IPC. By the impugned judgment and order he was sentenced to suffer life imprisonment. The appeal filed by the applicant is admitted. This is his bail application. 2. We have heard learned counsel for the applicant Mrs. Ayubi and learned APP. 3. In our opinion, this is not a case where bail can be granted to the applicant. The deceased received burn injuries on 20/6/06 at 9 a.m. in her matrimonial home. She died of 65% burn injuries on 22/6/06. The prosecution has relied upon dying declaration of the deceased made to PW 11 I O Balasaheb Ramchandra Khaire in which she has stated that the applicant poured kerosene on her, closed the room, went out and through the window threw lighted match stick on her and set her on fire. The deceased has also made similar dying declaration to PW 10, the Special Executive Magistrate. Medical evidence indicates that the deceased was in a fit state to make the dying declarations. Apart from these two dying declarations, the deceased has made three oral dying declarations. One oral dying declaration is made to PW 3 Rajendra Shivmurthy Jangam, the brother of the accused. The fact that brother of the accused has supported the prosecution is significant. Another oral dying declaration is made to PW 6 Leelabai Mahadev Jangam, the mother of the deceased and 3rd oral dying declaration is made to PW 7 Santosh Mahadev Jangam, the brother of the deceased. Prima facie all the dying declarations appear to be consistent. Apart from dying declarations, there is on record evidence of PW 8 Aparna Sanjay Jangam, daughter of the deceased. She is an eyewitness. She has stated that she had seen the applicant throwing lighted match stick on her mother and setting her on fire. The applicant has not offered any explanation as to how the deceased received burn injuries in the matrimonial home. He denied that the deceased was his wife. This defence is found to be false. 4. In our prima facie opinion, the evidence on record clearly indicates the complicity of the accused. Bail cannot be granted to him. Application for bail is rejected. (SMT. RANJANA DESAI, J.) (SMT. N. N. MHATRE, J.)