1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1425 OF 2010 IN CRIMINAL APPEAL NO.807 OF 2010 Somnath Laxman Dhule .. Applicant. Vs. The State of Maharashtra .. Respondent. Mr.V.V.Mohite for the applicant. Mr.H.J.Dedhia APP for the State. CORAM : B.H.MARLAPALLE & U.D.SALVI, JJ. DATED : MARCH 18, 2011. P.C. 1. We have heard the learned counsel for the applicant. The applicant has been convicted for the offence punishable under section 304 part II of IPC and sentenced to suffer R.I. for ten years in Sessions Case No.306 of 2007 and the said order is under challenge in Criminal Appeal No.807 of 2010. 2. As per the prosecution case, the appellant was in the habit of drinking liquor and he used to assault his wife – Gumpha. On 9.1.2007 he returned home at about 12 noon in drunken condition and when his wife questioned him, he started beating her and tried to drive her out of the house. When she refused and resisted, he picked up a tin of kerosene and poured kerosene on her person and set her ablaze. She was shifted to the Sassoon hospital and while S 2 under treatment she died on 13.1.2007. Initially, C.R.No.5 of 2007 was registered for the offences punishable under section 307, 323 and 504 IPC and subsequently in place of section 307, section 302 of IPC was added. 3. The prosecution examined in all seven witnesses and relied upon P.W.1 – Komal Dhule, minor daughter of the appellant and P.W.3 – Sangeeta Mali, sister of the deceased as the eye witnesses. P.W.4 – Anant Thongare, Police Constable had recorded the dying declaration of Gumpha when she was taken to the Sassoon hospital and P.W.5 – Dr.Sohail Quazi was the attending doctor in the said hospital. We have gone through the oral depositions of P.W.1, P.W.3, P.W.4 and P.W.5 and we are satisfied that there is no case made out to suspend the order of sentence under section 389 of the Code of Criminal Procedure and release the accused on bail, pending his appeal. 3. Hence the application is rejected. 4. Liberty to apply for fixing early date of hearing. (U.D.SALVI,J.) (B.H.MARLAPALLE,J.)