1 crap3717.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3717 OF 2011 Dilip Narshingrao Sonwane ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri Sandeep R. Andhale, advocate h/for Shri P.R.Katneshwarkar, advocate for applicant Shri D.R.Korde, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 14 th September, 2011 PER COURT : 1 Perused the investigation papers which were made available for inspection purpose as well as heard learned counsel for the parties finally. 2 This is an application preferred by the applicant seeking regular bail, in connection with C.R. 198 of 2010, 2 crap3717.11 registered at Shivajinagar police station, District Nanded, for the offences punishable under Sections 302, 323, 504 and 498-A of the Indian Penal Code. 3 It appears that the offence has been registered on the basis of dying declaration of the complainant victim, namely Sonabai Dilip Sonwane i.e. the wife of the applicant herein on 27.11.2010. It is alleged in the said statement that on 27.11.2010 at about 9.30 p.m., the applicant herein came to the home after consuming liquor and gave abuses to the complainant and demanded money from her for liquor and quarreled with her and asked her why she was not giving money for liquor and assaulted her. It is also alleged that the applicant herein latched the door of the house from inside and poured kerosene from plastic bottle on the person of the complainant and set her ablazed by igniting the match stick. Thereupon, the complainant shouted, and accordingly, the landlady and the neighbourers arrived there and removed her to the Government Hospital. It is also alleged in the said statement that the applicant used to suspect the fidelity of the complainant and used to assault her, and accordingly, poured kerosene on her 3 crap3717.11 person and set her on fire and thereafter fled away. 4 The contents of the said statement/dying declaration are self-explicit, which reflect the name of the applicant herein and attributes specific role to him in the occurrence of the said incident. Moreover, the statements of the children, namely Amol and Puja, who are the eye witnesses, also are in consonance of the said dying declaration and amount to incriminating piece of evidence against the applicant herein. Admittedly, the postmortem report discloses that the complainant sustained 46 per cent burns and the cause of death is disclosed as, “due to septicemia due to superficial deep burns 46 per cent”. 5 Thus, having the comprehensive view of the matter, the offence alleged against the applicant is of serious nature and there is direct witness to the occurrence of the incident, and apparently, there is sufficient evidence on record to show that the applicant herein has committed murder of his wife intentionally and motive behind the said incident appears to be suspicion of her fidelity. Hence, although the investigation has been completed and charge sheet has been filed, the applicant 4 crap3717.11 does not deserve to be enlarged on bail, since the offence attracts the capital punishment or imprisonment for life. 6 In the result, present application lacks merits and, therefore, stands dismissed. 7 The present application stands disposed of finally. 8 It is made clear that the above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding the same on merits. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3717.11