1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 900 OF 2007 IN CRIMINAL APPEAL NO. 917 OF 2005 PRAKASH DATTARAM CHAVAN .. APPLICANT Vs. THE STATE OF MAHARASHTRA .. RESPONDENT Mr. P. V. Dhopatkar, Advocate appointed for the applicant Mrs. V. R. Bhosale, APP CORAM:SMT.RANJANA DESAI & DR. D.Y. CHANDRACHUD,JJ. DATED:29/8/2008 P.C. . The applicant is lodged in Kolhapur Central Prison. He was tried in the court of Additional Sessions Judge Palghar in Sessions Case No. 139 of 2003 for offences punishable under Section 498-A and 302 of the Indian Penal Code. He was sentenced to suffer R.I. for life. The appeal filed by the applicant has been admitted. This is his application for bail. 2 2. The allegation against the applicant is that on 15/3/97 he poured kerosene on his wife Preeti and set her on fire. 3. We have heard learned advocate for the applicant. He submitted that in her first dying declaration deceased Preeti has stated that while she was preparing the food the stove burst and she received burn injuries and that at that time her husband was standing outside. Learned advocate submitted that, therefore, the prosecution case that the accused poured kerosene on the deceased and set her on fire is not truthful. The second dying declaration is suspect. He submitted that, therefore, the applicant should be released on bail. 4. We are unable to grant bail to the applicant. PW 7 police constable Ramchandra has recorded the dying declaration of the deceased. It is at Exh.-39. The deceased has stated that the accused came home at night, she requested him to take dinner. He refused to eat and quarrelled with her. He poured kerosene on her and set her on fire. 3 5. PW 3 the mother of the deceased has stated that when she went to see the deceased in the rural hospital the deceased told her that the accused poured kerosene on her and set her on fire. 6. PW 5 Yevjani Pinto neighbour of the deceased has stated that when she entered the house of the accused to see Preeti who had received burn injuries the accused told her that she should leave his house; that it was his personal matter and that she should not interfere. This conduct of the accused also in our prima facie opinion establishes his guilt. 7. So far as alleged dying declaration dated 12/3/97 is concerned PW 7 PC Pawar has stated that he does not know anything about this dying declaration. In our opinion, there is enough prima facie evidence to establish the guilt of the applicant. He cannot be granted bail. . Appeal is of the year 2005. We direct the office to give xerox copies of the depositions to learned advocate for the applicant. We fix the appeal for final hearing on 8/9/08. 4 . With the above direction the application is disposed of. JUDGE JUDGE