{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2044 OF 2010 Pravin Gulabrao Patil Age-33 years, Occ-Service R/o Plot No.7, Ahilya Devi Nagar, Behind Dhule Textile Mils, Dhule, Dist-Dhule APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.Joydeep Chatterjee, Advocate for the applicant Mr.K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 24th June 2010 PER COURT: 1. By this application, the applicant has prayed to release him on bail in connection with CR No.69/2010 registered with Dhule City Police Station, for an offence punishable u/s 302, 504, 506 r/w 34 of the Indian Penal Code, as the applicant is arrested on 30.03.2010 and since then he is in jail. It is informed that after the investigation is over, charge sheet has been filed before the learned Chief Judicial Magistrate, Dhuel in May 2010 and the case {2} is numbered as RCC No.383/2010. 2. Heard learned counsel for the applicant followed by learned APP. 3. Admittedly, victim Sangita was the wife of applicant and their marriage was performed about 8 years of the alleged incident. It is also not disputed that out of the said wedlock, they have begotten two children. The applicant is in service with Indian Army. 4. It appears from the perusal of the papers of investigation that there was some dispute between the in laws of deceased and deceased herself and hence deceased had insisted the applicant to stay separately from his parents. Accordingly, the applicant and the deceased were living separately from the parents of the applicant. It appears that the alleged incident occurred in early hours of 29th March 2010. 5. As per the statement of the victim, in the early hours some quarrel took place between herself and the applicant on some trivial issue and thereafter the applicant got annoyed and abused her and asked her to die. It is alleged that thereafter the victim herself poured kerosene on her person and the applicant lit a match and set the victim on fire. It is also alleged that thereafter the applicant tried to save her and he also sustained burn injuries. {3} The victim was admitted in a hospital where she succumbed to the burn injuries on 12.04.2010 i.e. after 13 days of the incident. During the period of these 13 days, total 4 dying declarations are recorded of the victim. On bare perusal of all these four dying declarations, it is clear that the first was recorded immediately after she was admitted in the hospital between 10.20 and 10.50 a.m, the second was recorded at about 12.00 noon, the 3rd was recorded at 5.35 p.m. on 7th April and the last dying declaration was recorded on 7th April, however time of the same is not available. The first three dying declarations do not match with the articles found at the spot. As the spot panchanama was carried out immediately after the incident. There is allegations that the applicant poured kerosene from a plastic can, however in other dying declaration she has stated that she poured kerosene from a bottle. So also she has stated that she poured kerosene on her sari, however, no sari or pieces of sari were found at the time of spot panchanama, on the contrary, one gawoon was found, of which reference is found in the last dying declaration. In addition to these four dying declarations, there are two oral dying declarations given by the victim before her relatives from maternal side. On perusal of these oral dying declaration it is clear that the victim was a short tempered lady and due to the short temperedness she used to take quarrel with her husband. This fact is also supported by the statement of the land lady. In the premise, though the death of the victim is unnatural one, by sustaining burn injuries, yet it cannot be said that the act alleged against the {4} applicant is a premeditated or intentional one. In view of this, case is made out to enlarge the applicant on bail, as now the investigation is over. 6. Consequently, the application is allowed. The applicant be released on bail in connection with CR No.69/2010 registered with Dhule City Police Station, on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. The applicant is directed to attend all the dates before the trial court, albeit by obtaining necessary leave from his Department. [A.V.POTDAR, J.] drp/B10/criapln2044-10