1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.1526/2008 In Criminal Appeal No.674/2006 [Santosh Dnyandeo Tidke .vrs. The State of Maharashtra] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. R.D. Bhuibhar, Advocate for the applicant/appellant, Mr. D.M. Kale, APP for the non-applicant/respondent. .......... CORAM : K.J. ROHEE AND B.P. DHARMADHIKARI, JJ DATED : JUNE 25, 2008 1. Heard the learned counsel for the parties. 2. The marriage between appellant Santosh and Seema (the deceased) took place on 13.4.2003. After marriage, Seema cohabited with Santosh, who was residing jointly with his parents and younger brother. It is alleged that Seema was being harassed by husband Santosh and in-laws as she was not having any child. It is further alleged that the husband and in-laws of Seema demanded money to reimburse the medical expenses incurred by them for her treatment. On 26.4.2005 around 10.30 p.m. Seema was burnt in her house. She was immediately taken to the 2 Hospital at Akola by her husband and in-laws. During the same night, DW 1 Kanojiya, Executive Magistrate recorded her dying declaration (Exh.74) at 2.30 a.m. wherein she stated that it was an accidental fire. During the same night, her parents arrived after receiving the massage. On 28.4.2005 around 12.30 p.m. PW 16 HC Sheikh Hasan recorded her dying declaration as the Executive Magistrate did not respond to his requisition for re-recording the dying declaration of Seema. In the said declaration (Exh.79) Seema alleged that she was being harassed by her husband and in-laws and that on the date of incident, her husband set her on fire by pouring kerosene on her person. The trial Judge relied on the second dying declaration. It may be noted that while recording first dying declaration, the husband of Seema and her in-laws were present, whereas at the time of second dying declaration, her parents had arrived. As such there is every possibility that the first dying declaration might have been given by her under the pressure of her husband and in-laws. In view of these circumstances, we find that there are justifiable reasons in support of the conviction of the appellant. We are, therefore, not inclined to release him on bail. Hence, we pass the following order : The application is rejected. JUDGE JUDGE Gulande