1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 428 OF 2009 The State of Maharashtra .... APPLICANT V E R S U S Dagadu Chokha Gaikwad & Others. .... RESPONDENTS Mr. B.J.Sonawane, A.P.P. for applicant – State. Mr. P.M.Gaikwad, Counsel for Respondent . [ CORAM : P.V.HARDAS & R.K.DESHPANDE, JJ. ] DATE : 18 th JULY, 2009 PER COURT : 1. This is an application by which the applicant seeks leave to file Appeal against the Judgment of the Adhoc Additional Sessions Judge, Osmanabad dated 4/10/2008 acquitting the respondents for offences 2 punishable under Section 498-A, 302 r/w 34 of Indian Penal Code. The accused purport to trial on the allegations that the accused had poured kerosene on Vanita, wife of accused no. 3 and had set her ablazed. The prosecution principally relied upon three oral dying declarations at Exh. 23 recorded by P.W. 9 Nasir Khan Sayyad, Exh. 40 recorded by P.W. 8 Juber Ahmed Shaikh and Exh. 64, a dying declaration recorded by the Executive Magistrate. The trial Court for the reasons which can be decent from the Judgment, chose not to place any reliance on the three written dying declarations in the light of the conflicting contents in the said dying declarations. The trial Court also found that there was no consistency whatsoever in the oral dying declarations alleged to have been made by Vanita to her father – P.W. 1 and the other witnesses. The trial Court, therefore, acquitted the respondents of the said offences. 2. We have heard Shri. B.J. Sonawane, learned A.P.P. for the applicant – State and Shri. P.M. Gaikwad, learned counsel for respondent nos. 1 to 3. With the assistance of the counsels, we have perused the findings recorded by the trial court. At paragraph no. 22 of the Judgment, the trial Court has dealt with the variance in the three dying declarations. We have perused the said written dying declarations and according to us, the trial court was justified in not placing any reliance whatsoever on the 3 three written dying declarations at Exh. 23, 40 and 64. At paragraph no. 24 of the judgment, the trial Court has dealt with the oral dying declarations alleged to have been made by Vanita to her father – P.W. 1 and at paragraph no. 28 of the Judgment, the trial court has dealt with the inconsistency between the written dying declarations and the oral dying declarations and has recorded findings that the evidence was wholly insufficient. We do not find in the reasonings of the trial Court to justify the grant of leave. The view taken by the trial Court is the possible view to be taken on the basis of the evidence on record. Consequently, Criminal Application No. 428 of 2009 is dismissed. Leave refused. [ R.K.DESHPANDE ] [ P.V. HARDAS ] JUDGE JUDGE knp/CRIAPLN428.09 4 5 6 7 8 9 10 11 12 13