1 appln 3134 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3134 OF 2010 The State of Maharashtra .. Applicant -versus Gurudatta S Pol and ors .. Respondents. Mr. S.A. Shaikh, APP for the Applicant State. CORAM: R.C. CHAVAN, J. DATED: 18th July, 2011 P.C. 1. This is an application for leave to file appeal against judgment of acquittal of the respondents for the offence punishable under Sections 498-A, 306 read with section 34 of the Indian Penal Code. I have heard learned APP and I have gone through the dying declaration of the victim on which even learned Additional Sessions Judge had placed reliance. Victim has specifically stated that the respondent No.1 her husband had brought second wife who is respondent No.2 and was illtreating and beating her. She had also stated that since respondent No.2 was brought in the house, respondent No.1 used to threaten to kill her and therefore, she committed suicide by setting herself on fire. She had specifically stated that her mother in law - respondent No.3 and brother in law respondent No.4 were good persons. Even as far as 2 appln 3134 of 2010 respondent No.2, the other wife brought by respondent No.1, is concerned, there are no specific allegations except that she was brought in the house by the victim’s husband. In view of this as far as acquittal of respondent Nos 2 to 4 is concerned, the State cannot have any grievance even on the basis of dying declaration. However, as far as respondent No.1 is concerned, the victim has specific allegations. Learned Judge should have appreciated the same in proper perspective. In view of this, leave granted as far as filing of appeal against respondent No.1 is concerned. Appeal is admitted to that extent. Call for Record and Proceeding. Action under Section 390 of the Code of Criminal Procedure against respondent No. 1. (R. C. CHAVAN, J.)