(1) CRI.APP. 3709.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3709 OF 2010 Chhaya w/o Vishnu Dhanke, Age : 35 years, Occu.: Household, R/o : Shindphal, Tq. Tuljapur, Dist. Osmanabad .. Applicant VERSUS The State of Maharashtra Through Police Inspector, Police Station, Tuljapur (Copy to be served on P.P. High Court of Bombay, Bench at Aurangabad) .. Respondent ... Mr. A.N. Nagargoje, Advocate for the Applicant Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 4TH OCTOBER, 2010 ORAL ORDER:- 1. The application is for bail. 2. Heard learned Advocate and learned APP. The incident giving rise to the prosecution occurred on 8.5.2010 at about 6.00 pm. Deceased used to run a roadside shop in a shed. It appears that her husband and the applicant were on close terms. The deceased (2) CRI.APP. 3709.2010 used to suspect sexual relationship between her husband and the applicant and, therefore used to call the applicant as "whore” (jkaM). In the relevant evening, the applicant and husband of the deceased took up a quarrel with the deceased due to her using of abusive word such as whore in reference to the applicant. Thereafter, they entered the shop in the shed. 3. The eye witness account shows that soon after the quarrel, witness viz. Pramod Vyavahare and others, who are adjoining shop keepers, heard cry of deceased Sangeeta. She was seeking help by saying "okpok okpok". It was found that her husband came out from the shop with burning clothes. The witnesses immediately extinguished the fire. 4. It is contended by learned Advocate for the applicant that the applicant could be falsely implicated due to suspension that she was having affair with the husband of the deceased. It is further argued that the deceased might have immolated herself in the heat of anger. It prima facie appears (3) CRI.APP. 3709.2010 that the dying declaration of the deceased was recorded soon after the incident and on the basis of her statement the FIR was registered. She had no sufficient time to concoct a false story. Her dying declaration discloses that the applicant poured kerosene on her person and set her ablaze. She stated before the Police that her husband attempted to extinguish the fire and had received burn injuries on both the hands and chest. There is prime facie evidence to show that wintess Pramod Vyavahare and others heard cry of deceased Sangeeta soon after the applicant, deceased Sangeeta and her husband went inside the shed after the quarrel between them had ensued. 5. Considering these aspects it would have to be stated that the applicant is prima facie guilty of committing the alleged offence of culpable homicide. Therefore, the Application is dismissed. Sd/- [V.R. KINGAONKAR, J.] arp