((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4640 OF 2008 The State of Maharashtra Applicant versus Mahadev Krishna Gaikwad & ors. Respondents A.T.Javeri, APP for applicant. None for respondents. CORAM : A.S.OKA, J. DATE : 14th January 2009 PC : 1. Heard learned APP for the applicant in support of the application to seek leave to prefer an appeal. The respondent has been acquitted for the offences punishable under section 498A and 306 read with section 34 of the Indian Penal Code. 2. The case of the prosecution is that the deceased Pratibha, wife of first respondent and daughter in law of second and third respondents committed suicide by pouring kerosene and setting herself on fire due to which she died on 5th August 2007. The case is based on the dying declaration of the deceased recorded by ((-2-)) the Police Head Constable on 21st July 2007 when the deceased was admitted in civil hospital at Sangli. 3. After having heard the learned APP for the applicant I find that no case is made out for grant of leave. The learned Judge has considered and appreciated the evidence of prosecution witnesses. The following circum- stances have been considered by the learned Judge :- a) though the dying declaration of the deceased was allegedly recorded on 21st July 2007, the offence was registered on 6th August 2007; b) it is an admitted position as reflected from the evidence of the appellants that till the deceased delivered child there was absolutely no ill treatment to her at the hands of the accused; c) at the time of death, the son of the deceased was only four months old and therefore the mother is unlikely to commit suicide; d) admittedly the marriage took place in April ((-3-)) 2006 and till April 2007 there was absolutely no ill treatment or harassment at the hands of the accused. e) there was no evidence on record to show that the kerosene was poured on the person of the deceased. f) Though there were no burn enjuries on both the limbs of the deceased and though the deceased had studied up to 7th standard, thumb impression has been obtained on the alleged dying declaration and that the thumb impression has not been attested. 4. Considering the evidence on record, the view taken by the learned Trial Judge appears to be a possible view. Hence, no case is made out for grant of leave. Hence, the application is rejected. (A.S.OKA, J.)