1 APPLN 3790 OF 2010.sxw zvks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3790 OF 2010. Mr. Satish Pawar .. Applicant -versus The State of Maharashtra .. Respondent. Mr. V.V. Purwant with Ms Suvarna Vasta for the Applicant. Mr. S.D. Shinde, APP for the State. CORAM: R.C. CHAVAN, J. DATED: 13th September,, 2010 P.C. 1. The applicant husband arrested in connection with CR No.I-303/2009, registered by Naupada Police Station, Thane, for the offences punishable u/s 302, 498-A, 304-B, 323, 504 of Indian penal Code, seeks bail for offence of murder of his wife. The applicant’s own son who is aged about 7 years, after 7 days of the incident stated that he saw the applicant setting the victim on fire after pouring kerosene on her person. The learned counsel for the applicant relied on the judgment of Hon’ble Supreme Court, in State of Assam -vs- Mafizuddin Ahmed, reported in 1983 Law Suit (SC) 23 about the credibility of dyeing declarations as well as evidence of child witness. The credibility of both would be weighed 2 APPLN 3790 OF 2010.sxw in the trial and not at this stage. The learned counsel also drew my attention to the statement of one neighbour with whom the child was kept for few hours immediately after accident and points out that if at all child had seen pouring kerosene, then he would have definitely disclosed it to the neighbour. The other part of statement of witness show that the victim herself had rushed to the doors of this neighbour, appealing to save her, and the neighbours extinguished the fire. Then the neihbour took the victim to hospital as also the applicant. The applicant’s hands were burnt which could also be in an attempt to put the victim on fire. Therefore, at this stage it cannot be said that there is absolutely no evidence against the applicant. The evidential value of statement of applicant’s son would have to be decided in the trial. In view of this the application is rejected. (R. C. CHAVAN, J.)