1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.673 OF 2010 Janabai W/o.Sakharam Gholap, Age-67 years, Occu-Household, R/o.Pirkalyan, Tq. and Dist.Jalna APPLICANT VERSUS The State of Maharashtra Through Police Station, Tal. Jalna, Dist. Jalna RESPONDENT Mr.S.J.Salunkhe, learned counsel for applicant. Mr.N.B.Patil, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 22/02/2010 PER COURT : 1. By the present application, the applicant has approached this Court for her release on bail in connection with CR No.263/2009, registered in Taluka Jalna Police Station of Dist. Jalna for the alleged offence punishable u/s.307, 302 r/w. 34 of IPC in which she came to be arrested on 24/10/2009, in which after investigation is over, charge sheet is filed, but trial is yet to commit to the Court of Sessions. 2. Heard learned counsel for applicant, followed by the 2 submissions of learned APP appearing for State. As the charge sheet is filed, perused the entire papers of investigation. 3. Considering the post mortem report about the autospy conducted on the dead body of the deceased, it can not be disputed that the death of deceased was caused due to serious burn injuries. It appears that the said offence came to be registered on the dying declaration of deceased Ujjwala recorded in Civil Hospital, at Jalna in between 11.00 a.m. to 11.30 a.m. of the same day. It appears that her second dying declaration was also recorded, but i.e. after arrival of her parents. She succumb to death on the next day. It is to be noted that even though the alleged incident occurred inside the 4 walls, the residential premises of the deceased which is having tin sheets over it, but this case is an exception as something is witnessed by the neighbourers also, who rescued the deceased. According to the dying declaration, due to quarrel between the mother in law, the applicant and the daughter in law, the deceased, as per the first ADR the applicant poured kerosene on her person and set her on fire by which she sustained burn injuries. So far as second dying declaration is concerned, the husband and other relatives are also implicated as she claimed that they also participated in causing burn injuries to her. But the statement of the neighbourers which were immediately recorded on the next day falsifies the facts disclosed in both the dying declarations as at the time of alleged incident, the sickle was bolted from inside the room and the applicant and her son, husband of the deceased were noticed outside the room. The 3 facts disclosed in the dying declaration are not corroborated by the statement of the witnesses recorded on the very next day and the spot panchnama. 4. In the premise, case is made out to enlarge the applicant accused on bail, hence order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.10,000/- and on executing the PR bond in the like amount. 3. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.673-10