1 5112.10.vanarase IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRI.APPLN.NO.5112 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr.S.A.Shaikh for Petitioner Mr.A.P.Vanarase for Respondents CORAM : N.D.Deshpande, J DATED : 17th February, 2011 P.C. 1. Heard both sides. Admittedly,respondents/accused nos. 1 to 3 are son and his parents respectively. They all came to be prosecuted for having committed offences under section 498-A and 306 IPC read with section 34 of IPC. 2. Perused the impugned judgment and order of acquittal. Compilation of copies of evidence including dying declarations are also made available by the defence for the respondents. It is seen that the dying declaration is silent about the alleged dowry demand and cruelty both physical and mental for demand of dowry. In the dying declaration the deceased has given reasons of her suicide. She neither blamed her husband nor in-laws but to herself for such foolish decision of committing suicide. It was some domestic dispute unconnected with alleged dowry demand. A story of cruelty and dowry demand is appearing for the first time after her death in a complaint registered as an FIR by police. The incident of fire took place on 7.3.2008. She succumbed to her burn injuries after four days on 11.3.2008 The relatives who have visited her including PW 1 did not depose or gave their statements complaining about the alleged cruelty and dowry demand prior to the incident of burning or even immediately thereafter and it is only upon her death as aforesaid. The learned trial court has discussed the evidence in detail and held the accused not guilty. 3. Upon consideration of the record and after hearing submissions of learned counsel in my opinion, no case is made out for leave to appeal. Hence, no interference is called for. Leave therefore, refused. N.D.Deshpande, J