1 Cri.Appln. No. 679 of 2011 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATINO NO. 679 OF 2011 IN CRIMINAL APPEAL NO. 379 OF 2011 Ganesh Motiram Sangamnere ... Applicant Versus The State of Maharashtra ... Respondent Mr. M.S. Karnik, Advocate for the applicant. Mr. D.P. Adsule, A.P.P. for Respondent State. CORAM : NARESH H.PATIL & K.U. CHANDIWAL,JJ. DATED : JULY 06, 2011 P.C. Heard. The applicant was convicted for an offence punishable under Section 302 of Indian Penal Code and was sentenced to suffer life imprisonment. The present application is preferred for bail pending hearing and final disposal of the appeal. The prosecution case is that the appellant Ganesh Sangamnere was married to deceased Ashwini on 20.3.2006. The incident in question took place on 26.10.2008. The prosecution case is that as monitory 2 Cri.Appln. No. 679 of 2011 demand of the husband was not met, he poured kerosene on the person of his wife and set her ablaze with the help of a match stick. She suffered 80% burn injuries. She was shifted to hospital by the neighbourers and in-laws after the incident. On 27.10.2008 two dying declarations of Ashwini came to be recorded first by the Executive Magistrate (Exh. 66) and second by the Police Officer (Exh. 72). Ashwini died on 29th October, 2008. The learned counsel for the applicant submits that there are serious infirmities in the dying declarations recorded by the Executive Magistrate and the police Officer. The deceased was not in a conscious state of mind to make the statement. The doctor's endorsement regarding consciousness was obtained after the Executive Magistrate completed recording of the statement (Exh. 66). The thumb impression of the left hand of the deceased was obtained but there is no attestation to it. It was submitted that in the light of the medical evidence that the deceased had suffered 80% burn injuries and the injuries to her hand, it was not possible for the officer to take thumb impression of her left thumb. In the light of the fact that the mother of the deceased turned hostile to prosecution, the applicant has made out a case for grant of bail. 3 Cri.Appln. No. 679 of 2011 The learned A.P.P. resisted the application and submitted that both the dying declarations are consistent. The deceased had blamed her husband for burn injuries. There was demand of Rs.50,000/-. According to learned A.P.P. , the dying declarations are trustworthy. We have perused the records and proceedings and perused the original statements of deceased which are at Exh. 66 and Exh.72. In both the dying declarations made before the Executive Magistrate and the Police Officer, the deceased stated that as amount of Rs.50,000/- demanded was not paid, her husband poured kerosene on her person and set her on fire. The Executive Magistrate in his evidence has deposed before the court that he himself got it confirmed that the patient was conscious and oriented. There is strong prima facie case made out by the prosecution. Considering the prosecution evidence, we are not inclined to release the applicant on bail. The application for bail is rejected. The learned counsel for the applicant at this stage, seeks leave to submit paper book in accordance with the rules. Leave is granted. (K.U. CHANDIWAL,J.) (NARESH H. PATIL,J.)