1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1331 OF 2010 Sow.Vastalabai Pandit Khairnar and others ..Applicants V/s The State of Maharashtra & anr. ..Respondents ..... Mr.N.L. Choudhari, Advocate for applicants. Mr.D.V. Tele, APP for respondent nos.1 and 2. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 19th April, 2010. PER COURT : 1. Heard Mr.N.L. Choudhari, learned Counsel for applicants and Mr.D.V. Tele, learned A.P.P. for respondents assisted by Mr.Joydeep Chatterji, learned counsel for original complainant namely father of victim Vasant. 2. This is an application preferred by applicant nos. 1 to 4 seeking anticipatory bail, apprehending their arrest under C.R. No.23/2010 registered with Pimpalner police station, Dist.Dhule for the offences punishable under Sections 302, 498-A, 323, 504 r/w 34 of the Indian Penal Code and under Section 3 & 4 of Dowry Prohibition Act. 2 3. It appears that the third dying declaration dated 16.03.2010 of victim Ujwalabai Pramod Khairnar was treated as First Information Report and offence came to be registered against applicant and other co- accused on the same date for the offences punishable under Sections 302, 498-A, 323, 504 r/w 34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act. 4. At the outset, applicant no.1-Sow.Vastalabai is mother-in-law of victim Ujwalabai and applicant no.2- Jitendra and applicant no.3-Umesh are brother-in-laws of deceased Ujwalabai, whereas applicant no.4- Sow.Vidya is wife of applicant no.3,namely Umesh. 5. On perusal of investigation papers and after considering the rival submissions advanced by learned counsel for parties, it appears that three dying declarations of deceased Ujwalabai were recorded, such as first dying declaration on 16.03.2010 at about 2.15 a.m. recorded by Executive Magistrate, second dying declaration on 16.03.2010 at about 12 noon recorded by Executive Magistrate and third dying declaration recorded by Police Personnel on 16.03.2010 at about 1.40 p.m. Moreover, Ujwalabai also gave oral dying declaration before her father Vasant. 6. Considering the said dying declarations, it appears that the first dying declaration recorded on 3 16.03.2010 at 2.15 a.m. discloses the accidental burn were sustained by deceased Ujwalabai, whereas second dying declaration recorded on 16.03.2010 at 12 noon raises finger against applicants as culprits of crime. Moreover, said dying declaration reflects the reason and cause for giving first dying declaration stating accidental burn sustained by the victim that the said dying declaration was given under pressure and in presence of her husband. Third dying declaration recorded on 16.03.2010 at 1.40 p.m. also involves applicants in alleged crime as the culprits. Moreover, the oral dying declaration given by victim on 16.03.2010, before her father namely Vasant also involves applicants in crime. 7. Accordingly, second and third dying declarations as well as oral dying declaration given by victim Ujwalabai are apparently consistent with each other, which involve the applicants in the alleged crime. Moreover, second dying declaration discloses the reason why the first dying declaration was given disclosing the accidental burns, sustained by victim that it was given under pressure and in presence of her husband. 8. Hence, in view of the aforesaid position, apparently, there is no false implication of applicants in the alleged crime. Moreover, investigation is still under progress and same has not been completed, therefore, the custodial interrogation 4 of applicants is necessary for further progress in the investigation in proper perspective. 9. In the circumstances, present application deserves to be rejected. In the result, present application being sans merits, stands dismissed. (SHRIHARI P. DAVARE) JUDGE gas/cri1331.10