1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3630 / 2009 [Ramchandra Nilkanthrao Thakre vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr R N Khare, Adv. for applicant Mr S B Ahirkar, APP for respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 28, 2010. Heard. 2. The applicant prays for grant of bail in connection with Crime No. 50/2009 reported at Ashti Police Station Dist. Wardha, initially u/s 307 IPC, which later on, converted into section 302 of IPC. It appears that the material collected during the investigation as against the applicant indicate his prima facie involvement, apart from first information report. Deceased Vandana had implicated him on the ground that she had suffered ill- treatment at the hands of the applicant who was making allegations against her that she is having extra- marital flings. On the day of the incident, according to first informant, because of fear, she entered in the room which was occupied by her father-in-law and closed the door; while the applicant was asking her to open the door. She had poured kerosene on her own person and even threatened the applicant that she will immolate herself. Thereafter when the door was opened, the 2 applicant lighted a matchstick and saying that she should not threaten himself and set her on fire by throwing a lighted matchstick on her. As a result, she sustained burn injuries. During the course of her medical treatment, she made a total of three dying declarations, apart form witnesses stating about oral dying declaration by her. It appears that one Police Head Constable (Buckle No.604) of Wardha City Police Station representing himself as I.O. appears to have recorded dying declaration indicating that Vandana had sustained injuries; while she was cooking in her house and her saree caught fire as it felled on hearth. However, in the course of investigation, it appears that dying declaration dated 27.5.2009 was recorded by Wardha Police in the presence of Doctor in which he appears to have stated that there was quarrel prior to the incident between Vandana and her husband and in the course of that quarrel, he had set herself on fire by lighting a matchstick. Another dying declaration was recorded at about 10.50 a.m. in Civil Hospital Wardha on the same day i.e. 27.5.2009 in which Vandana had stated that her husband used to hurl allegations of infidelity/immoral relations and further used to beat/assault her. Due to the assault, she had left her matrimonial home and and stayed with her mother for about three months. After returning to her matrimonial home, the applicant continued to ill-treat her by assaulting, due to fear, she confined herself in a room; her husband was shouting at her; when she opened the 3 door she had poured kerosene on her own person threatening her husband and at that time, her husband with the help of light to matchstick set her ablaze, telling her that he is prepared to suffer imprisonment for 20 years; as the result she sustained burn injuries. 3. There appears to be a consistent version in various statements of witnesses recorded u/s 161 Cr.P.C. in the nature of oral dying declaration that applicant had set Vandana on fire by throwing a lighted matchstick at her. Under these circumstances, there is prima facie involvement of the applicant in serious accusation. The post-mortem notes also indicates that the victim died as the result of 80 per burn injuries. Under these circumstances, due to possibility of long imprisonment or even death by way of punishment, so also likelihood of applicant tampering with evidence of his parents, close relations and neighbours etc., I am not inclined to grant bail. Application is rejected. However, the trial Court shall endeavour to dispose of the trial as early as possible. JUDGE sahare