1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPALICATION NO. 403 OF 2008 in CRIMINAL APPEAL NO. OF 2008 The State of Maharashtra. ... .... Appellant. Versus Parmeshwar Bhiwa Pol.. .... Respondent. Ms. A. S. Pai, Addl.P.P. for the Appellant. None for the Respondent. CORAM: BILAL NAZKI and S. A. BOBDE, JJ. DATED : 25TH FEBRUARY, 2008. P. C.: This is an application for leave to appeal by the prosecution against the acquittal of the accused for the offenses under Sections 302 and 498A of the Indian Penal Code. There was no evidence except the testimony of PW 1, who was the father of the deceased. He spoke much about the relationship between the husband and wife but did not speak anything in respect of the occurrence which resulted in the death of the deceased. There was a dying declaration recorded, which is Exh.32, in which the deceased stated that while preparing tea she caught fire due to explosion 2 of stove and therefore she sustained burn injuries on her chest, mouth, both the hands and left thigh and on hearing her shouts, her husband got up and extinguished the fire by putting quilt on her and immediately took her to Rajawadi Hospital by auto rickshaw. 2. With respect to the offense under Section 498A of the Indian Penal Code, there is only hear say evidence of PW 1 and there is no other evidence to connect the accused with the guilt. 3. These offenses were also tried to be established under Section 114 of the Evidence Act but the marriage between the deceased and the accused had taken place more than seven years before the occurrence. As such this presumption was also not available. 4. In this view of the matter, we do not think there is any room for us to interfere in the mater. Therefore, we dismiss the application for leave to appeal. Sd/- (BILAL NAZKI, J.) Sd/- (S. A. BOBDE, J.)