1 appln2649.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.2649 OF 2010 The State of Maharashtra : Applicant V/s. Suresh Rupchand Dixit : Respondent (Orig. Accused) .... Ms M.H.Mhatre, Addl. Public Prosecutor for the applicant. .... CORAM : D.D. SINHA & A.R.JOSHI,JJ. DATE : SEPTEMBER 14, 2010. P.C.: Heard the learned Addl. Public Prosecutor for the applicant. 2. This Criminal Application is directed against the judgement and order dated 5.2.2009 whereby the respondent-accused came to be acquitted for the offence punishable under sections 302, 498-A, 504 and 506 of the Indian Penal Code. The learned Addl. Public Prosecutor has submitted that in the instant case, the deceased was the wife of the respondent-accused and she died due to extensive burns. It is submitted that the dying declaration of the deceased was recorded on the date of the 2 appln2649.10 incident i.e. on 13.3.2008 by Police Constable in the hospital. It is submitted that there are other witnesses such as father, mother and brother of the deceased who have been examined by the prosecution and their evidence shows that the deceased was ill-treated by the respondent. However, the trial Court did not appreciate the reliable evidence adduced by the prosecution in a proper manner and, therefore, the order of acquittal is bad in law. 3. We have considered the contentions canvassed by the learned counsel. In the instant case, it is not disputed that the dying declaration of the deceased was recorded immediately on the date of the incident by the Police Constable in which the deceased has not implicated the respondent nor has stated anything against the respondent, in any manner. On the other hand, recitals of the dying declaration would show that her clothes caught fire accidentally while she was warming milk, due to which she sustained burn injuries to the extent of 90% and succumbed to those injuries. If the evidence of other witnesses is considered in the light of the dying declaration of the deceased, in that event, the finding of acquittal recorded by the trial Court, in our view, cannot be said to be unsustainable in law. Consequently, the appeal suffers from lack of merits. Leave refused. 3 appln2649.10 4. Criminal Application is dismissed. (D.D. SINHA, J.) (A.R. JOSHI, J.)