1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.448 OF 2007 The State of Maharashtra ..Applicant V/s. Vikas Sambhaji Jadhav & ors ..Respondents Ms.A.A.Mane, A.P.P, for the State Mr.V.S.Talkute, Advocate, for the respondent Nos.1 to 4 CORAM : K.U.CHANDIWAL, J. DATE : 12TH AUGUST, 2008 P.C. . Heard. 2. In a tragic incident Sau.Kirti who was married to accused No.1 Vikas Sambhaji Jadhav suffered burn injuries and succembed to the injuries for which at Exh.29 is the Inquest Panchnama, Cause of death Certificate is at Exh.31, Post Mortem examination report is at Exh.32 and another Death Certificate is at Exh.33. These documents conclusively established that it was homicidal death. The relatives of the victim 2 claimed that the accused were harassing the victim for bringing her share of Rs.4,00,000/- from her brother and since she could not comply the demand she was tortured and hence, she committed suicide. It is on record, the charge sheet which was filed before the learned Judge had two Dying Declarations purported to have been made by the deceased, one in presence of Medical Officer and the other in presence of Special Judicial Magistrate. However, those two Dying Declarations are not produced during the evidence nor its copies were given to the accused with the list as required under Section 294 of the Criminal Procedure Code but the fact that the deceased had made two successive Dying Declarations during the course of treatment were admitted by the prosecution witnesses. The Dying Declarations disclosed the cause of her death, which couldnot attribute anything against the accused. The learned Judge found approach of the prosecution in suppressing these documents to be erroneous and even suspicious. He found the evidence put in service is not free from reasonable doubt and hence, he drew an adverse inference 3 against the prosecution. The fact remains, there is no evidence in any form about the proof of the victim committing suicide. In this scenario of the matter, the evidence about an illtreatment to the victim and same was to be cause of her so called suicide will not sustain to logic. 3. The observations of the learned Judge about the delay in the F.I.R simply needs to be ignored. However, legality of the Dying Declarations, in the light of the provisions under Section 32(1) of the Evidence Act, being the paramount aspect, leave to appeal is rejected. (K.U.CHANDIWAL, J.)