1 Criminal Application No.1269/2011 with Criminal Application No.1270/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1269 OF 2011 Isak Ramjan Sayyad & anr. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri Hemantkumar F. Pawar, Advocate for applicants Shri K.M. Suryawanshi, A.P.P. for respondent ..... W I T H CRIMINAL APPLICATION NO.1270 OF 2011 Ajijabi w/o Ramjan Sayyad ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri V.N. Damle, Advocate for applicant Shri K.M. Suryawanshi, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 5th April, 2011 PER COURT : 1. Heard finally. The applicants in Criminal Application No. 1269/2011 are father-in-law and brother-in-law, while applicant in 2 Criminal Application No.1269/2011 with Criminal Application No.1270/2011 Criminal Application No.1270/2011, is mother-in-law. 2. Deceased Sumayya, already pregnant, was allegedly burnt by her husband. Her three year child Shawed/ Shahid was thrown on her, to ensure that he is also eliminated. No sooner the infant was charred, he was thrown in nearby field. At the time of incident, consciously, the accused/ applicants ensued that no outsider enters in the room. It is a matter of record that the applicants are residing in the same room with the deceased and her husband. They cannot be allowed to perpetrate, to be residing separately. Three witnesses Bhimrao, Mangalbai and Arun Janku Kasbe point role of these accused as was informed by the victim at the wee hours, when she was doused with kerosene and was seeking shelter to save from abominable clutches of the husband and in-laws. 3. Two dying declarations of the deceased were recorded, one at 10.40 a.m. to 11.05 a.m. by A.P.I. (treated as F.I.R.), the other by Executive Magistrate at 10.55 a.m. to 11.00 a.m. In the first dying declaration, the victim in condensed form narrates her plight when she was engaged in household work, her husband Nisar came with a can of kerosene, doused it and threw a live match stick. When 3 Criminal Application No.1269/2011 with Criminal Application No.1270/2011 she was yelling for assistance, her husband threw the three year old toddler on her person. All the accused/ applicants were guarding at the gate. They did not try to extinguish nor they allowed outsider to entrude to save the victim. The act referred above has taken toll of three precious lives. Custody from October 2010 by itself would not be a ground to release on bail. Variance in the dying declaration would also not dilute the situation, worth of statement of three witnesses specified above and others will have to be tested during trial. 4. Considering above features of the matter, no bail. Both the applications are rejected, finally disposed of. Observations are prima facie. K.U. CHANDIWAL JUDGE fmp/cri1269.11