1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3404/2009 The State of Maharashtra ...Applicant. Versus Malhari Bansi Borade and others. ...Respondents. ........ Shri K.G. Patil, A.P.P. for Applicant. CORAM : P.V. HARDAS, J A.V. NIRGUDE,J Date : 7 th December, 2009. Per Court :- 1. This application at the behest of the applicant / State questions the correctness of the judgment of the Adhoc Additional Sessions Judge-2, Ambajogai dated 29-05-2009 in Sessions Case No. 23/2008, acquitting the respondents for the offences punishable under Section 302 and 498-A read with Section 34 of Indian Penal Code. 2. The prosecution mainly relied upon the two dying declarations at Ex. 60 and 62. In the dying declaration at Ex. 60, deceased Anjali had stated that the 2 accused had quarreled with her and had taken kerosene from the container and had set her ablaze. Anjali further states that thereafter the accused fled from the house and latched the door from outside. In the dying declaration at Ex. 62, Anjali states that the accused assaulted her and poured kerosene on her person and set her ablaze and latched the door from inside and exited from the house through a ventilator. The accused examined D.W. No. 4 A.S.I. Suryawanshi and proved the dying declaration of Anjali at Ex. 63 which was recorded first in point of time. In the dying declaration at Ex. 63 Anjali had stated that a small kerosene lantern had fallen on her and her cloths had caught fire and thus, she accidentally sustained burn injuries. 3. The trial Court in the light of discrepant recitals in the dying declaration, extended the benefit of doubt to the accused and acquitted them. We have heard learned counsel for the applicant and we have perused dying declarations at Ex. 60, Ex. 62 and Ex. 63. Ex. 63 had been recorded first in point of time, in which Anjali has stated that she had sustained accidental burn injuries. In the dying declarations at Ex. 60 and 62, Anjali has ascribed the overt act to the accused of pouring kerosene on her and setting her ablaze. 3 However, there is a major variance in the dying declarations at Ex.60 and Ex. 62. In such circumstances, therefore, according to us, no reliance could be placed on the dying declarations at Ex. 60 and 62. The trial Court had accepted the dying declaration at Ex. 63, in which Anjali had stated that she had accidentally sustained the burns. The reasons given by the trial Court are possible reasons to be given on the basis of the evidence on record, and we do not notice any perversity in the reasoning of the trial Court to interfere in this appeal against acquittal. 4. In that light of the matter, therefore, there is no merit and this application is dismissed. 5. Leave is refused. [A.V. NIRGUDE, J.] [P.V. HARDAS, J.] tsk/criapln3404.09